Marine Parks Regulation 1990 (QLD)

Queensland Marine Parks Act 1982 Marine Parks Regulation 1990 Reprinted as in force on 1 July 2006 Reprint No. 1J This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2004 Act No. 31 s 169

Information about this reprint This regulation is reprinted as at 1 July 2006. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Marine Parks Regulation 1990 Contents Part 1 1 2 3 4 4A 4B 4C 5 5A Part 1A 5B 5C 5D Part 1B 5E Part 2 6 7 8 Part 3 8A 9 9AA 9AB9A Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 References to latitudes and longitudes . . . . . . . . . . . . . . . . . . . . 13 References to H.A.T., high water etc. . . . . . . . . . . . . . . . . . . . . . . 13 References to relevant mangrove line . . . . . . . . . . . . . . . . . . . . . 14 References to bracketed reef numbers . . . . . . . . . . . . . . . . . . . . 15 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Indexation of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Declaration of marine parks Area declared to be marine park . . . . . . . . . . . . . . . . . . . . . . . . . 17 Constituents of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Name of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amalgamation of marine parks Amalgamation of particular marine parks. . . . . . . . . . . . . . . . . . . 17 Zoning plans Contents of zoning plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Designated areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Permission to enter or use a marine park Entry and use of zones and designated areas . . . . . . . . . . . . . . . 20 Application for permission to enter or use marine park . . . . . . . . 20 Advertising of application in particular circumstances . . . . . . . . . 22 Matters chief executive may or must consider for considering application ................................ 23 When fee payable—commercial whale watching program . . . . . . 24

10 10A 11 12 13 13A 13B 14 Part 4 15 16 17 18 Part 5 18A 19 20 21 22 23 24 25 26 26A 26B 27 28 30 31 32 32A Part 6 33 34 35 2 Marine Parks Regulation 1990 Grant or refusal of permission . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of permission . . . . . . . . . . . . . . . . . . . . . . . Revocation of permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation of permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuation of permission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements about giving authorisations under permission . . . Effect of authorisations given under permission. . . . . . . . . . . . . . Entry in emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management plans and programs of works Preparation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of plans and programs. . . . . . . . . . . . . . . . . . . . . . . . . . Amendment etc. of plans and programs . . . . . . . . . . . . . . . . . . . Conduct of persons Chief executive may give directions for carrying out activities in a zone ................................... Removal of materials etc. prohibited . . . . . . . . . . . . . . . . . . . . . . Discharging etc. of wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Living on vessels, vehicles, aircraft or structures . . . . . . . . . . . . . Littering prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abandonment of vessels, vehicles or aircraft . . . . . . . . . . . . . . . . Introduction of animals, marine products or plants. . . . . . . . . . . . Entry of domestic animals into particular areas . . . . . . . . . . . . . . Entry of vehicles into particular areas . . . . . . . . . . . . . . . . . . . . . Lighting of fires in particular areas . . . . . . . . . . . . . . . . . . . . . . . . Temporary restricted areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signs to be obeyed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trading and other activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disorderly behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Motorised watersports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marine products Prohibition on taking marine products in marine parks . . . . . . . . Offences relating to spearfishing . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on taking large cod or groper . . . . . . . . . . . . . . . . . . . 25 26 27 27 27 28 28 29 30 30 30 31 31 31 32 32 32 32 33 33 33 34 34 35 36 37 37 37 37 38 38 39

3 Marine Parks Regulation 1990 Part 7 36 37 38 39 40 Part 8 42 43 44 Part 9 44A 44B 44C 44D 44E Schedule 1 Schedule 2 Schedule 3 Schedule 4 Part 1 1 2 Part 2 3 4 5 6 7 Part 3 8 9 Inspectors Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of marine products or apparatus. . . . . . . . . . . . . . . . . . . . Miscellaneous Offences and penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Giving of notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Marine Parks and Other Legislation Amendment and Repeal Regulation (No. ..) 2004 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing effect of relevant permissions. . . . . . . . . . . . . . . . . . . Applications in progress for permissions . . . . . . . . . . . . . . . . . . . Particular previously authorised conduct still authorised—first 120 days after commencement . . . . . . . . . . . . . . . . . . . . . . . . . . Particular previously authorised conduct still authorised—after first 120 days after commencement . . . . . . . . . . . . . . . . . . . . . . . Fees for assessment of application for permission to carry out tourism activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees for assessment of application for continuation of permission to carry out tourism activity . . . . . . . . . . . . . . . . . Fees for permission, or continuation of permission, to carry out a commercial whale watching program . . . . . . . . . . . . Areas declared to be marine parks . . . . . . . . . . . . . . . . . . . . . Moreton Bay Marine Park Name of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Area declared to be marine park . . . . . . . . . . . . . . . . . . . . . . . . . Trinity Inlet/Marlin Coast Marine Park Name of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Area of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trinity Inlet management area . . . . . . . . . . . . . . . . . . . . . . . . . . . Marlin Coast management area . . . . . . . . . . . . . . . . . . . . . . . . . . Wonga Beach management area. . . . . . . . . . . . . . . . . . . . . . . . . Great Barrier Reef Coast Marine Park (interim) Name of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Area of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 40 40 43 43 44 44 44 45 46 46 47 47 49 50 51 52 52 52 61 61 62 63 68 72 72

4 Marine Parks Regulation 1990 Schedule 5 1 Schedule 6 1 2 3 4 5 6 Schedule 7 1 2 3 4 5 6 7 8 Schedule 8 1 2 3 4 5 6 7 8 Schedule 9 1 Schedule 10 1 2 Great Barrier Reef Coast Marine Park . . . . . . . . . . . . . . . . . . . Description of area of marine park . . . . . . . . . . . . . . . . . . . . . . . . Mackay/Capricorn Management Area . . . . . . . . . . . . . . . . . . . Rodds Bay segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keppel Bay segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Broad Sound Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mackay Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cumberland Islands Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . Capricorn–Bunker Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Townsville/Whitsunday Management Area . . . . . . . . . . . . . . . Whitsundays Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bowen to Abbot Point Segment . . . . . . . . . . . . . . . . . . . . . . . . . . Cape Upstart Segment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bowling Green Bay Segment and Cleveland Bay . . . . . . . . . . . . Halifax Bay and Magnetic Island Segment. . . . . . . . . . . . . . . . . . Hinchinbrook Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Family Islands Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Palm Islands Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cairns/Cooktown Management Area . . . . . . . . . . . . . . . . . . . . Mulgrave Johnstone Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . Trinity Inlet Segment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marlin Coast Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Port Douglas Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wonga Beach Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Daintree Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endeavour Segment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starcke Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Far Northern Management Area . . . . . . . . . . . . . . . . . . . . . . . . Far Northern Management Area . . . . . . . . . . . . . . . . . . . . . . . . . Outer Islands Management Area . . . . . . . . . . . . . . . . . . . . . . . Offshore segment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inshore segment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 74 75 75 76 81 87 88 90 92 92 96 97 104 106 109 112 114 117 117 121 122 128 130 134 136 138 141 141 152 152 152 Endnotes 1 2 3 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 154 154

5 Marine Parks Regulation 1990 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 6 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157

s1 7 s2 Marine Parks Regulation 1990 Marine Parks Regulation 1990 [as amended by all amendments that commenced on or before 1 July 2006] Part 1 Preliminary 1 Short title This regulation may be cited as the Marine Parks Regulation 1990 . 2 Definitions In this regulation— 500m line , around a reef, means the line every point of which is 500m seaward from the seaward edge of the reef. 1km line , around a reef, means the line every point of which is 1km seaward from the seaward edge of the reef. 2km line , around a reef, means the line every point of which is 2km seaward from the seaward edge of the reef. aircraft means a machine or device that can derive support in the atmosphere from the reactions of the air or from buoyancy; it includes a helicopter but does not include a hovercraft. apparatus means any net, dilly, crab pot, crayfish pot, dredge, implement, gear, equipment, contrivance, device, trap, spear or spear gun used or capable of being used to take any fish or marine product or a part of any of those things, and any hook, rod, line or underwater breathing equipment whether self-contained or not. Cairns/Cooktown Management Area means the area consisting of the areas mentioned and described in schedule 8.

s2 8 s2 Marine Parks Regulation 1990 coastal 20m line , around the mainland, means the line every point of which is 20m seaward from the mainland at high water. coastal 100m line — 1 The coastal 100m line around the mainland is the line every point of which is 100m seaward from the mainland at low water. 2 However, to the extent there is a fringing reef around the mainland, the coastal 100m line is the line every point of which is 100m seaward from the seaward edge of the fringing reef. coastal 500m line — 1 The coastal 500m line around an island, the mainland, a rock or a group of rocks, is the line every point of which is 500m seaward from the island, the mainland, the rock or the group of rocks, at low water. 2 However, to the extent there is a fringing reef around the island, the mainland, the rock or the group of rocks, the coastal 500m line is the line every point of which is 500m seaward from the seaward edge of the fringing reef. coastal 1km line — 1 The coastal 1km line around an island is the line every point of which is 1km seaward from the island at low water. 2 However, to the extent there is a fringing reef around the island, the coastal 1km line is the line every point of which is 1km seaward from the seaward edge of the fringing reef. coastal 5km line — 1 The coastal 5km line around an island or the mainland is the line every point of which is 5km seaward from the island or the mainland at low water. 2 However, to the extent there is a fringing reef around the island or the mainland, the coastal 5km line is the line every point of which is 5km seaward from the seaward edge of the fringing reef.

s2 9 s2 Marine Parks Regulation 1990 coastal line , in relation to an island or the mainland, means a line that— (a) runs along the island or mainland at high water; and (b) at each point where a mouth of a river, creek or stream meets the island or mainland at high water, joins 1 side of the mouth to the other side of the mouth in a straight line. designated area means an area within a zone set aside by the zoning plan for special management. environmental impact statement means a report analysing the environmental effects of a proposal on a marine park. Far Northern Management Area means the area consisting of the areas mentioned and described in schedule 9. farming facility means a facility for the farming of marine resources. firearm means a firearm within the meaning of the Firearmsand Offensive Weapons Act 1979 , and includes— (a) a gun or other weapon— (i) that is capable of propelling a projectile by means of an explosive; or (ii) that is capable of propelling a projectile by any other means and which if used in a normal manner is capable of causing bodily harm; or (iii) that is capable of discharging a blank fire cartridge; (b) a gun or weapon designed or adapted for the discharge of any noxious, corrosive, or irritant liquid, powder, gas, chemical or substance capable of causing bodily harm; (c) any thing whatsoever declared by order in council to be a firearm for the purposes of the Firearms and OffensiveWeapons Act 1979 ; (d) a gun, weapon or other thing which, if any part or parts thereof were replaced or defect therein or condition thereof were remedied or rectified, would be a gun, weapon or thing defined in paragraph (a), (b) or (c); but does not include—

s 2 10 s 2 Marine Parks Regulation 1990 (e) a long-bow; (f) a crossbow; (g) a spear gun; (h) an explosive-powered tool as defined in the Construction Safety Act 1971 ; (i) a power head or similar device designed or intended for use in, though or under water; (j) a captive bolt weapon or humane killer of the captive-bolt type designed and used solely for the humane killing of live stock; when not used as a weapon. fringing reef , in relation to an island or the mainland, means a reef that adjoins, overlaps or is in close proximity to the island or the mainland at low water. GBR Coast Marine Park means the marine park mentioned and described in schedule 5. GBR Coast Marine Park (interim) means the marine park mentioned and described in schedule 4, part 3. H.A.T. means highest astronomical tide. highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions. high water means the mean height of the highest high water at spring tide. landing area means an area for the landing of aircraft. L.A.T . means lowest astronomical tide. litter means any kind of rubbish, refuse or garbage, and any matter that, when in a marine park, causes, contributes to or tends to the defacement or defilement of that marine park. lowest astronomical tide means the lowest level of the tides that can be predicted to occur under average meteorological

s 2 11 s 2 Marine Parks Regulation 1990 conditions and under any combination of astronomical conditions. low water means the mean height of the lowest low water at spring tide. Mackay/Capricorn Management Area means the area consisting of the areas mentioned and described in schedule 6. mangrove forest means a community of mangroves that— (a) has a continuous canopy; and (b) an obvious outer boundary. mangrove line , for a mangrove forest, means a line that— (a) runs along the outer boundary of the forest; and (b) at each point where there is a gap in the outer boundary of the forest, runs along— (i) if the gap is caused by a mouth of a river, creek or stream—the line that joins 1 side of the river, creek or stream to the other side by running in the general trend of the outer boundary of the forest; or (ii) if subparagraph (i) does not apply— (A) if the gap is near the mainland—the mainland at high water; or (B) if the gap is near an island—the island at high water. marine park means a marine park established or continued under the Act. objects and sites of significance means objects and sites within a marine park, which are of scientific, cultural or other significance. outer boundary — 1 The outer boundary of a mangrove forest is the boundary formed by the line that connects the trunks of the outermost mangroves in the forest. 2 For paragraph 1, the line that connects the trunks of the outermost mangroves in the forest must disregard any

s 2 12 s 2 Marine Parks Regulation 1990 prop roots that extend further out from the trunk of any of the mangroves. Outer Islands Management Area means the area consisting of the areas mentioned and described in schedule 10. permission means a permission under this regulation to enter or use a marine park. place includes any tidal land, tidal waters, building or other structure (including a pier, wharf, jetty, quay, or other like structure), other premises of any kind, an aircraft, a vehicle or vessel. power-head means a device by means of which a fish may be taken, being a device that may be attached to a spear or spear gun and that consists of or contains an explosive charge. special permission means a permission under this regulation to enter or use a marine park to carry out a tourism activity for which public notice is required to be given or an environmental impact statement is requested. temporary restricted area means an area so declared under section 27. territorial sea baseline has the meaning given under the Seas and Submerged Lands Act 1973 (Cwlth) by proclamation in Gazette No. S 29 (Cwlth) dated 9 February 1983 at pages 2 to 14 as amended by proclamation in Gazette No. S 57 (Cwlth) dated on 31 March 1987 at page 35. the Act means the Marine Parks Act 1982 . Townsville/Whitsunday Management Area means the area consisting of the areas mentioned and described in schedule 7. Trinity Inlet fish habitat area means the Trinity Inlet fish habitat area— (a) declared under the Fisheries Regulation 1995 ; and (b) as it was immediately before the commencement of schedule 5. 1 1 The Trinity Inlet fish habitat area as it was immediately before the commencement of schedule 5 is shown on plan FHA-003 [Revision 2]. See the Fisheries Regulation 1995 , schedule 7 (Fish habitat areas), section 68 (Trinity Inlet).

s 3 13 s 4A Marine Parks Regulation 1990 unzoned area means an area of a marine park in respect of which no zoning plan is in force. vehicle includes an off-road vehicle, caravan or trailer. vessel includes a ship, boat, hovercraft or hulk and any vehicle that is capable of use on or in water whether floating or submersible and whether or not self-propelled. zone means a zone created by a zoning plan. 3 Notes in text A note in the text of this regulation is part of the regulation. 4 References to latitudes and longitudes The latitudes and longitudes used to describe an area mentioned in this regulation are worked out using— (a) for an area mentioned in schedule 4, part 1—the Australian Geodetic Datum 1984, commonly called ‘AGD84’, defined in the technical report by Allman J S and Veebstra C titled ‘Geodetic Model of Australia 1982’, Technical Report 33, published in 1984 by the Commonwealth Department of Resources and Energy, Division of National Mapping; 2 or (b) for an area mentioned in schedule 4, part 2, or schedule 6, 7, 8 or 9—the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. 4A References to H.A.T., high water etc. (1) A reference in this regulation to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high 2 The report may be inspected, during office hours on business days, at the southern regional office of the Department of Natural Resources and Mines located at the Landcentre, Cnr Vulture and Main Streets, Woolloongabba, Qld.

s 4B 14 s 4B Marine Parks Regulation 1990 water, L.A.T., or low water adjacent to the mainland, the island or the natural feature. Examples of natural features — bay, cliff, creek, inlet, river, rock (2) A reference to the bank of a creek, inlet or river is a reference to the line that— (a) runs along the outer limit of the defined channel of the creek, inlet or river; and (b) follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river— (i) for a reference to the bank at H.A.T.—at H.A.T.; or (ii) for a reference to the bank at high water—at high water; or (iii) for a reference to the bank at L.A.T.—at L.A.T.; or (iv) for a reference to the bank at low water—at low water. (3) In this section— the mainland includes a part of the mainland. Note — See also the Survey and Mapping Infrastructure Act 2003, section 60 (References to features forming part of an administrative area boundary) for other rules of interpretation for working out boundaries mentioned in this regulation. 4B References to relevant mangrove line (1) This section applies if schedule 6, 7, 8 or 9 states that the boundary of an area described in the schedule runs along the relevant mangrove line. (2) The relevant mangrove line is the mangrove line for the mangrove forest that is between— (a) the point at which the boundary of the area starts to run along the mangrove line; and (b) the point at which the boundary of the area stops running along the mangrove line.

s 4C 15 Marine Parks Regulation 1990 s5 (3) For subsection (2), the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest. 4C References to bracketed reef numbers (1) In schedules 6, 7, 8 and 9, a reference to a bracketed reef number after a description of a reef is included to provide additional information for identifying the reef. (2) In this section— reef number means the word ‘reef’ followed by a sequence of numbers separated by a dash. 5 Fees (1) Subject to subsection (2) and section 5A, the fees payable for— (a) assessing an application for a permission to carry out a tourism activity in a marine park are set out in schedule 1, part A; and (b) assessing an application for the continuation of a permission mentioned in paragraph (a) are set out in schedule 2, part A. (2) The fee payable for assessing an application for a permission, or the continuation of a permission, to carry out an activity mentioned in more than 1 item in schedule 1, part A or schedule 2, part A is the higher or highest of the fees payable for the assessment. (3) The fees payable for a permission, or the continuation of a permission, to carry out a commercial whale watching program in a marine park are set out in schedule 3. (4) Subject to subsection (5) and section 5A, the fees payable for— (a) assessing an application for a special permission are set out in schedule 1, part B; and

s 5A 16 s 5A Marine Parks Regulation 1990 (b) assessing an application for the continuation of a special permission are set out in schedule 2, part B. (5) The fee payable for assessing an application for a special permission or the continuation of a special permission may be another amount the chief executive considers to be reasonable that is less than the amount otherwise payable. 5A Indexation of fees (1) This section applies to an application made on or after 1 January 1998 for a permission or the continuation of a permission mentioned in section 5(1) or (4). (2) The fee for the application is an amount worked out using the formula— scheduled fee x CPI 119.1 (3) In the formula— scheduled fee is the fee for the application set out in schedule 1 or 2. CPI is the all groups consumer price index for Brisbane (calculated using the reference base year 1989–1990) published by the Australian Statistician for the financial year ending before the calendar year in which the application is made. (4) In working out the fee under the formula, any part of the result under $10 must be ignored. Example— If after applying the formula, the result is $1214, the fee is $1210.

s 5B 17 s 5E Marine Parks Regulation 1990 Part 1A Declaration of marine parks 5B Area declared to be marine park Each area of tidal waters and tidal land described in schedule 4 is set apart and declared as a marine park. 3 5C Constituents of marine park For section 15 of the Act, the following are taken to be in a marine park and, for the purposes of the Act, part of an area described in schedule 4— (a) the subsoil beneath tidal land in the area to a depth of 1000m below the surface of the area; (b) the airspace above the area to a height of 915m above the surface of the area. 5D Name of marine park Each area set apart and declared as a marine park in schedule 4 has the name given to it in the schedule. Part 1B Amalgamation of marine parks 5E Amalgamation of particular marine parks (1) The pre-existing marine parks are amalgamated. (2) The amalgamated marine park is— (a) named the ‘Great Barrier Reef Coast Marine Park’; and (b) described in schedule 5. (3) If there is any inconsistency between a boundary of the amalgamated marine park provided for in schedule 5 and the 3 The latitudinal and longitudinal positions used in the schedule to describe the area are described using the Australian Geodetic Datum 1984.

s 5E 18 s 5E Marine Parks Regulation 1990 boundary of a pre-existing marine park, the boundary of the amalgamated marine park is taken to be the boundary of the pre-existing marine park to the extent of the inconsistency. 4 Note — The latitudes and longitudes used to describe a boundary of a pre-existing marine park may have been worked out using a system other than the system used to describe the boundaries of the amalgamated marine park. (4) In this section— amalgamated marine park means the marine park amalgamated under subsection (1). pre-existing marine park means each of the following— (a) Mackay/Capricorn Marine Park; (b) Townsville/Whitsunday Marine Park; (c) Cairns Marine Park; (d) Trinity Inlet/Marlin Coast Marine Park; (e) GBR Coast Marine Park (interim). 4 For the boundaries for a pre-existing marine park, see— (a) for the Mackay/Capricorn Marine Park—the repealed instrument made as an order in council under the Act and gazetted on 27 August 1988 at pages 3657 and 3658; (b) for the Townsville/Whitsunday Marine Park—the repealed instrument made as an order in council under the Act and gazetted on 3 October 1987 at page 395; (c) for the Cairns Marine Park—the repealed Marine Parks (Cairns) Order 1992 ; (d) or the Trinity Inlet/Marlin Coast Marine Park—schedule 4, part 2, of this regulation; (e) for the GBR Coast Marine Park (interim)—schedule 4, part 3, of this regulation.

s 6 19 s 7 Marine Parks Regulation 1990 Part 2 Zoning plans 6 Contents of zoning plan (1) A zoning plan prepared under the Act, or with respect to a marine park shall comprise such maps and other documents as the chief executive determines to be appropriate for the purposes of section 17 of the Act. (2) Without limiting the generality of subsection (1), a zoning plan may include, within any zone, designated areas. 7 Designated areas (1) For the purpose of giving effect to the provisions of the zoning plan in respect of a designated area, the chief executive may from time to time by public notice— (a) specify the boundary details of the area so designated; and (b) specify the requirements which shall apply to the designated area; and (c) fix the day on which the specific requirements of the zoning plan in relation to the designated area shall come into operation; and (d) fix the day on which, or the period during which, such specific requirements shall cease to operate. (2) The chief executive may, in respect of an area designated under subsection (1), from time to time by public notice vary the boundary details, specific requirements or the day on which, or the period during which, such specific requirements shall cease to operate. (3) Public notice, for the purposes of this section, means publication— (a) in the gazette; and (b) in a newspaper that circulates throughout Queensland.

s 8 20 s 9 Marine Parks Regulation 1990 8 Saving Nothing in a zoning plan shall be construed as permitting the taking of any animal or plant or permitting any activity that is prohibited by any Act or other law. Part 3 Permission to enter or use a marine park 8A Entry and use of zones and designated areas A person must not enter or use a zone or designated area other than— (a) under a permission under this regulation; or (b) for a purpose for which the person may enter or use the zone or designated area under a zoning plan; or (c) under section 14. Maximum penalty—100 penalty units. 9 Application for permission to enter or use marine park (1) An application for a permission must be in writing. (2) An application must specify— (a) the name and address of the person (or persons) making the application; and (b) the location in the marine park that is to be entered or used; and (c) the purposes for which the location is to be entered or used; and (d) the proposed place of entry, movements within the marine park and the places where the proposed use is to be carried out; and (e) the period in respect of which the permission is sought; and

s 9 21 s 9 Marine Parks Regulation 1990 (f) the means of transport to be used in respect of the use of, or entry to or departure from the marine park; and (g) the apparatus to be used within the marine park. (3) Also, an application for a permission to enter or use a zone or designated area of a marine park for research must include the following information— (a) the purpose of the research; (b) a brief description of how the research is to be undertaken, including, in particular— (i) a description of the sequence and location of any fieldwork to be carried out in the marine park; and (ii) an explanation of the experimental design and methods of analysis to be used in the research; and (iii) the number, quantity and description of any specimens of animals, plants or other marine products to be taken for the research; and (iv) the methods to be used in taking the specimens mentioned in subparagraph (iii); (c) the frequency and duration of visits to the zone or designated area for the research. (4) A zoning plan for a marine park may provide for other requirements for an application for a permission for an area within the marine park. (5) The chief executive may request an applicant for a permission to give the chief executive further written particulars (including an environmental impact statement) as the chief executive may reasonably require to properly consider the application. (6) The particulars requested under subsection (5) must be given to the chief executive within 21 days after the request, or such longer period as the chief executive allows. (7) If a fee is payable under section 5(1) or (4), the chief executive must, by written notice, ask the applicant to pay the fee within 60 days of the giving of the notice, or such longer period as the chief executive allows.

s 9AA 22 Marine Parks Regulation 1990 s 9AA (8) If the applicant fails to comply with subsection (5), (6) or (7), the application lapses. 9AA Advertising of application in particular circumstances (1) This section applies if the chief executive considers that the grant of an application for a permission may restrict the reasonable use of a part of the marine park by persons other than the applicant. (2) The chief executive may give the applicant a written notice stating— (a) that the applicant must give public notice of the application within a stated period; and (b) the information that must be included in the notice the subject of the public notice. (3) The applicant must— (a) give the public notice; and (b) ensure the notice the subject of the public notice— (i) includes the stated information; and (ii) invites interested persons to make written submissions to the chief executive, in relation to the application— (A) at an address stated in the notice; and (B) within a stated period of not less than 30 days. (4) Before deciding whether to grant or refuse the permission the subject of the application, the chief executive must consider any written submissions received by the chief executive in response to the public notice. (5) An applicant gives public notice for this section if the applicant ensures a notice is published on at least 2 days in a 14 day period in each of the following— (a) the gazette; (b) a newspaper that circulates throughout the State;

s 9AB23 Marine Parks Regulation 1990 s 9AB (c) a local newspaper that circulates in the part of the State that is adjacent to the part of the marine park to which the application relates. 9AB Matters chief executive may or must consider for considering application (1) In considering an application for a permission, the chief executive may consider any relevant matter for the application. (2) Without limiting subsection (1), the chief executive must have regard to the following— (a) the objectives of the zone or the marine park for which the application is made; (b) the orderly and proper management of the marine park for which the application is made; (c) the conservation of the natural or cultural resources of the marine park for which the application is made; (d) any management plan for the marine park, for which the application is made, that is approved by the Minister under section 17; (e) the existing use and amenity, and the future or desirable use and amenity, of the location, and areas adjacent to the location, for which the application is made; (f) the size, extent and location of any proposed use in relation to the way the location, and the areas adjacent to the location, are being used; (g) the likely effects of any proposed use in the location for which the application is made on— (i) the areas adjacent to the location; and (ii) the environment; (h) the proposed means of access to and egress from the marine park; (i) the use and adequacy of provisions for mooring, landing, parking, loading and unloading a vehicle, vessel or aircraft;

s 9A 24 s 9A Marine Parks Regulation 1990 (j) the nature of the equipment to be used for the proposed use; (k) the arrangements for the removal, upon the expiration of the permission, of the structure, landing area, farming facility or vessel or any other thing that is to be built, assembled, constructed or fixed in position for the proposed use; (l) the arrangements for making good any damage caused by the proposed activity to the marine park for which the application is made; (m) any fee or other amount that is overdue for payment by the applicant as the holder of a permission for which the fee or amount is payable; (n) if the application relates to an undeveloped project, the cost of which will be large—the capacity of the applicant to satisfactorily develop the project. (3) A zoning plan for a marine park may state other matters the chief executive must also have regard to when considering an application for a permission for an area within the marine park. 9A When fee payable—commercial whale watching program (1) This section applies if— (a) a person applies for a permission, or the continuation of a permission, to carry out a commercial whale watching program in a marine park; and (b) the chief executive decides to grant the application. (2) The chief executive must, by written notice, ask the applicant to pay the appropriate fee within 60 days of the giving of the notice. (3) The applicant must pay the fee before the permission is granted. (4) If the applicant does not pay the fee within the stated period, the application is taken to have lapsed.

s 10 25 s 10 Marine Parks Regulation 1990 10 Grant or refusal of permission (1) If a person applies to the chief executive for a permission and has complied with any request duly made by the chief executive for further particulars in relation to the application and has paid all fees applicable, the chief executive must, by notice in writing— (a) grant such permission subject to any conditions necessary for the attainment of the objects and purposes of the Act; or (b) refuse to grant such permission. (2) Without limiting the conditions the chief executive may impose on a permission, the chief executive may impose the following conditions on a permission— (a) a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities carried out under the permission; (b) a condition that provides for the compensation or reimbursement of any loss or expense incurred by the chief executive in relation to activities carried out under the permission. (3) If a permission has been granted subject to conditions pursuant to subsection (1), the chief executive may vary those conditions or impose additional conditions if the chief executive considers that the conditions, as so varied or added to, are necessary for the attainment of the objects and purposes of the Act. (4) A permission remains in force for the period specified in the permission unless it is sooner surrendered or revoked.

s 10A 26 Marine Parks Regulation 1990 s 10A 10A Restrictions on grant of permission (1) The chief executive must not grant a permission to carry out a commercial whale watching program in the following areas of special interest for whales 5 — (a) Queensland waters between latitude 24º30' south (approximately 20km north of Sandy Cape) and latitude 25º30' south (approximately 35km north of Inskip Point) if there are 20 current permits for the area; (b) Queensland waters between latitude 25º30' south (approximately 35km north of Inskip Point) and latitude 27º05' south (approximately 6km south of Cape Moreton) including all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands if there are 3 current permits for the area; (c) Queensland waters south of latitude 27º05' south (approximately 6km south of Cape Moreton) excluding all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands. (2) A reference in subsection (1) to a number of current permits is a reference to the number of any 1 or both of the following types of permits— (a) a commercial whale watching permit under the NatureConservation Act 1992 ; (b) a permission under this regulation. (3) After the commencement of this subsection, the chief executive must not grant a permission to feed dolphins in a marine park or a zone of a marine park. (4) However, the chief executive must not refuse to renew, or cancel, a permission under this regulation, in force at the commencement of this subsection, merely because the chief executive may no longer grant a permission to feed dolphins in a marine park or a zone of a marine park. 5 Maps showing the boundaries of the areas of special interest for whales are included in the Management Program for the Conservation and Management of Whales and Dolphins (Order Cetacea) in Queensland 1997—2001 approved by the Minister on 8 October 1997. A copy of the management program is available for inspection or purchase at the department’s head office and regional offices.

s 11 27 s 13 Marine Parks Regulation 1990 11 Revocation of permission (1) The chief executive may, by notice in writing, revoke or suspend a permission on the failure of the holder of the permission to comply with any provision, condition or restriction to which the permission was subject. (2) The chief executive may exercise the chief executive’s power of revocation or suspension notwithstanding that the person to whom the permission has been granted has not been proceeded against for any offence constituted by failure to comply with any provision, condition or restriction to which the permission was subject. (3) If a permission is revoked or suspended, the person to whom the permission was granted is not entitled to claim or receive any compensation in respect of such revocation or suspension or any expense the person may have incurred in acting or with a view to taking action under the permission. 12 Variation of permission (1) If a permission has been granted subject to conditions and it appears to the chief executive that (by reason of circumstances that were not foreseen and were not reasonably foreseeable at the time when the permission was granted), damage, degradation or disruption to the physical environment, or the living resources, of the marine park has occurred or there is an imminent threat that such damage, degradation or disruption will occur, the chief executive may revoke, suspend, vary the conditions of or impose additional conditions upon, the permission. (2) If the chief executive revokes or suspends a permission, varies conditions or imposes conditions on the permission under subsection (1) or section 10(2), the chief executive shall, as soon as practicable, notify the person to whom the permission was granted of the fact. 13 Continuation of permission If— (a) at any time before a permission ceases to be in force, the person to whom that permission was granted applies for

s 13A 28 Marine Parks Regulation 1990 s 13B a further permission of the same kind in relation to the carrying on of the same activity in the same zone or area; and (b) the application has not been granted or refused before the expiration of the period specified in the permission as the period during which the permission remains in force; the permission shall, notwithstanding the expiration of the original period, remain in force until the application is granted or refused. 13A Requirements about giving authorisations under permission (1) This section applies if a permission includes a condition that the holder of the permission may authorise another person to carry out an activity that may be lawfully carried out under the permission for a stated period. (2) The holder of the permission may give the authorisation only by giving the other person a written notice stating the relevant matters for the authorisation. (3) In this section— relevant matters , for an authorisation, means the following— (a) the name of the person to whom the authorisation is given; (b) the date on which the authorisation was given; (c) the nature of the activity the person is authorised to carry out under the authorisation. 13B Effect of authorisations given under permission (1) A person to whom an authorisation is given under a permission may carry out an activity that is stated in the notice given to the person under section 13A(2). (2) For subsection (1)— (a) the person to whom the authorisation is given is taken to have been granted a permission for the activity; and

s 14 29 s 14 Marine Parks Regulation 1990 (b) the permission is taken to be subject to the conditions that are imposed on the permission under which the authorisation was given and that are relevant to the activity. (3) To remove doubt, a person who gives an authorisation under a permission may still carry out, under the permission, any activity for which the person has given an authorisation under the permission. 14 Entry in emergency Notwithstanding the provisions of any zoning plan a person may, with or without a vessel, vehicle or aircraft, enter a zone for the purpose of— (a) saving a life or avoiding the risk of injury to a human being; (b) locating or securing the safety of a vehicle, vessel or aircraft which is, or may be, endangered by stress of weather or by navigational or operational hazards; (c) law enforcement; (d) dealing with an emergency involving a serious threat to the environment, including, in particular, dealing with, under an Act, an emergency threat of pollution to the marine environment; (e) to remove or salvage, under an Act, a vessel or an aircraft, or a section of a vessel or an aircraft, or other wreck, that is wrecked, stranded, sunk or abandoned and poses an emergency threat to the marine environment or safety.

s 15 30 s 17 Marine Parks Regulation 1990 Part 4 Management plans and programs of works 15 Preparation The chief executive may prepare, with respect to an area set apart and declared as a marine park or any zone or designated area thereof— (a) a management plan; and (b) a program of works. 16 Contents (1) A management plan shall set out particulars of the manner in which it is proposed to manage the marine park, zone or designated area. (2) A program of works shall include a schedule of work proposed to be undertaken during a particular period. (3) In the preparation of a management plan or program of works, the chief executive shall have regard to the following objectives— (a) the encouragement and regulation of the use and enjoyment of the marine park, zone or designated area by the public; and (b) the protection and conservation within the marine park, zone or designated area of marine products and objects and sites of significance. 17 Approval of plans and programs (1) Every management plan or program of works prepared by the chief executive must be given to the Minister who may approve the management plan or program of works submitted to the Minister. (2) A management plan or program of works has force and effect under the Act when it is approved by the Minister.

s 18 31 s 19 Marine Parks Regulation 1990 18 Amendment etc. of plans and programs (1) The chief executive may from time to time prepare amendments to a management plan or program of works approved by the Minister or prepare a management plan or program of works in substitution for a plan or program approved by the Minister or for any part thereof. (2) Every such amendment to a management plan or program of works shall be furnished to the Minister and, if approved by the Minister, shall have effect in substitution for the previous plan or program. Part 5 Conduct of persons 18A Chief executive may give directions for carrying out activities in a zone (1) This section applies if— (a) a zoning plan states a person may enter or use a zone within a marine park by giving notice to the chief executive; and (b) a person gives the chief executive a notice under the zoning plan stating the person intends to enter or use an area within the zone. (2) The chief executive may give the person a written notice that includes a direction about how the person may enter or use the area in the zone, or the marine park, if the direction is reasonably necessary for the protection or preservation of the marine park or property or other things in the marine park. 6 19 Removal of materials etc. prohibited A person must not, without a permission— (a) remove or cause to be removed from a marine park any ballast, rock, stone, shingle, gravel, boulders, clay, earth, 6 See section 42 (Offences and penalties).

s 20 32 s 23 Marine Parks Regulation 1990 silt, mud, star sand, shell grit, coral limestone or other material whatsoever, or disturb or cause to be disturbed any such material in a marine park; or (b) deposit or cause to be deposited in a marine park any filling or other material; or (c) do or cause to be done any act which may cause a direct and substantial alteration to the physico-chemical environment in a marine park. 20 Discharging etc. of wastes (1) A person must not, otherwise than in accordance with a permission given for the purposes of this regulation, discharge or deposit household, industrial, commercial or any other waste in a marine park. (2) Subject to the requirements of any zoning plan or a permission given pursuant to section 22, subsection (1) does not apply— (a) to the discharging or depositing of waste in a zone where the relevant zoning plan makes provision for the zone to be used or entered for that purpose; (b) to the discharging of offal, from a fish caught within a marine park, from a vessel or an aircraft. 21 Building prohibited A person must not, without a permission, erect or cause to be erected any structure in a marine park. 22 Living on vessels, vehicles, aircraft or structures A person must not, without a permission, use a vessel, vehicle, aircraft or structure in a marine park for the purpose of a dwelling. 23 Littering prohibited A person must not deposit litter in a marine park.

s 24 33 s 26 Marine Parks Regulation 1990 24 Abandonment of vessels, vehicles or aircraft A person must not without a permission cast, place, leave or abandon or cause to be cast, placed, left or abandoned in a marine park any vessel, vehicle or aircraft. 25 Introduction of animals, marine products or plants Except as provided in section 26, a person must not, without a permission, introduce or cause to be introduced into a marine park any animals, marine products or plants. 26 Entry of domestic animals into particular areas (1) This section is subject to the provisions of any applicable zoning plan. (2) The chief executive may— (a) declare an area within a marine park to be a prescribed area for this section; and (b) cause notices to be displayed stating the entry of any of the following (each a prohibited animal for the prescribed area) is prohibited— (i) any domestic animal; (ii) an animal of a particular class of domestic animals. (3) A person must not bring a prohibited animal for a prescribed area into the prescribed area. (4) Also, a person must not bring a domestic animal onto tidal land that is— (a) within the GBR Coast Marine Park; and (b) adjacent to— (i) the Capricornia Cays National Park; or (ii) the Whitsunday Islands National Park. 7 7 The Capricornia Cays National Park is shown as lot 402 on plan NPW546 and the Whitsunday Islands National Park is shown as lot 428 on plan NPW621. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks).

s 26A 34 Marine Parks Regulation 1990 s 26B (5) Neither subsection (3) nor (4) applies if the animal— (a) is kept, at all times, on board a vessel, vehicle or aircraft that is permitted to be in the area; or (b) is in the prescribed area or on the tidal land under a tourist program; or (c) is a guide dog or a guide dog trainee. (6) In this section— guide dog see the Guide Dogs Act 1972 , section 3 guide dog trainee see the Guide Dogs Act 1972, section 3. tourist program has the meaning given by the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 3A(3). 8 26A Entry of vehicles into particular areas (1) This section is subject to the provisions of any applicable zoning plan. (2) The chief executive may— (a) declare an area within a marine park to be a prescribed area for this section; and (b) cause notices to be displayed stating the entry of any of the following (each a prohibited vehicle for the prescribed area) is prohibited— (i) any vehicle; (ii) a vehicle in relation to which a permission has not been obtained. (3) A person must not bring a prohibited vehicle for a prescribed area into the prescribed area. 26B Lighting of fires in particular areas (1) This section is subject to the provisions of any applicable zoning plan. 8 Great Barrier Reef Marine Park Act 1975 (Cwlth), section 3A (Interpretation of zoning plans)

s 27 35 s 27 Marine Parks Regulation 1990 (2) The chief executive may— (a) declare an area within a marine park to be a prescribed area for this section; and (b) cause notices to be displayed stating the lighting of fires in the prescribed area is prohibited. (3) A person must not light a fire— (a) in a prescribed area; or (b) on tidal land that is— (i) within the GBR Coast Marine Park; and (ii) adjacent to— (A) the Capricornia Cays National Park; or (B) the Whitsunday Islands National Park. 9 (4) Subsection (3) does not apply to a person— (a) lighting or using a portable cooking or heating appliance that is self-contained; or (b) lighting or smoking a smoking product. (5) In this section— smoking product see the TobaccoandOtherSmokingProducts Act 1998 , schedule. 10 27 Temporary restricted areas (1) The chief executive may, by public notice, declare any area within a marine park to be a temporary restricted area for 1 or more of the following purposes— (a) conservation of 1 or more species; 9 The Capricornia Cays National Park is shown as lot 402 on plan NPW546 and the Whitsunday Islands National Park is shown as lot 428 on plan NPW621. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks). 10 Under the Tobacco and Other Smoking Products Act 1998 , schedule (Dictionary)— smoking product means a tobacco product, herbal cigarette or loose smoking blend. The schedule also defines tobacco product , herbal cigarette and loose smoking blend .

s 28 36 s 28 Marine Parks Regulation 1990 (b) conservation of natural resources; (c) protection of cultural or heritage values; (d) public safety; (e) emergency situations requiring immediate management action. (2) Public notice for the purposes of this section, means— (a) publication in the gazette and in a newspaper that circulates throughout Queensland; or (b) if the chief executive considers that an emergency exists, such notice by way of signs, radio announcements or otherwise, as is practicable in the circumstances. (3) Without a permission, a person— (a) must not enter or remain in a temporary restricted area; (b) must remove from the temporary restricted area any vessel, vehicle or aircraft. (4) An area declared as a temporary restricted area shall, unless the declaration is earlier revoked by the chief executive, remain as such for— (a) the period of 120 days from the date of its declaration; or (b) such lesser time as is specified in the notice by the chief executive; or (c) with the concurrence of the Governor in Council, such longer period as may be specified by notice. (5) The chief executive may, by public notice— (a) revoke a declaration under subsection (1) at any time; or (b) extend a declaration under subsection (1) for a further period, of not more than 60 days, if the extension is made before the declaration ends under subsection (4). 28 Signs to be obeyed A person must obey and comply with any direction expressed in a sign or notice erected pursuant to section 26 or 27.

s 30 37 s 32A Marine Parks Regulation 1990 30 Use of firearms (1) A person must not use any firearm in an marine park. (2) Subsection (1) does not apply where a person uses a firearm for the purpose of protecting the person or other persons from shark attack. 31 Trading and other activities A person must not, in a marine park, without a permission— (a) conduct any trade or business, or conduct a fete or stall; or (b) advertise any product or service; or (c) conduct any public entertainment or public meeting; or (d) organise or promote any contest or competition for speedboats, hovercraft or self-propelled vehicles; or (e) organise or promote any spearfishing contest or competition other than those arranged by and restricted to bona fide members of a single club or association and involving fewer than 30 participants. 32 Disorderly behaviour A person must not behave in a disorderly, improper, indecent or unseemly manner within a marine park. 32A Motorised watersports (1) This section applies only if a zoning plan for a marine park states that it applies to the marine park or part of the marine park. (2) A person must not enter or use the marine park, or the part of the marine park stated in the zoning plan, to participate in a motorised watersport including, for example, water skiing, jetskiing or paraflying. Maximum penalty—20 penalty units.

s 33 38 s 34 Marine Parks Regulation 1990 (3) However, subsection (2) does not apply to a person using a jetski in the marine park to carry passengers between locations at a speed of less than 4kn. Part 6 Marine products 33 Prohibition on taking marine products in marine parks (1) Subject to subsection (2), a person must not in a zone or designated area within a marine park— (a) use or have in the person’s possession, apparatus the use of which in that zone or designated area is not permitted under the zoning plan, unless that apparatus is stowed away and unavailable for immediate use; (b) take or have in the person’s possession any marine product the taking of which in that zone or designated area is not permitted. (2) Subsection (1) does not apply if— (a) the person holds a permission for the taking of the marine products specified in such permission from the zone or designated area of a zone in a marine park for the purposes of research or marine park management; or (b) the person holds a permission for the use of specified devices, explosives or substances in taking marine products for the purpose of research or marine park management. 34 Offences relating to spearfishing (1) A person must not, in a marine park, use for the purpose of spearfishing— (a) an underwater breathing apparatus; or (b) a power-head.

s 35 39 s 36 Marine Parks Regulation 1990 (2) Subsection (1) does not apply where a person uses a power-head for the purpose of protecting the person or other persons from a shark attack. 35 Prohibition on taking large cod or groper A person must not, otherwise than in accordance with a permission, given for the purposes of this section, take, or have in possession in the marine park, a fish of a species of the Family Serranidae subfamily Epinephelinae (gropers and cods) and having a total length exceeding 1200mm. Part 7 Inspectors 36 Appointment of inspectors (1) The chief executive may, by instrument in writing appoint— (a) any officer of or person employed by a department of the government or any local government; or (b) any police officer; as an inspector for the purposes of this Act. (2) An appointment as an inspector may be made by the appointment of the holder of an office without naming the holder and, in every such case, each successive holder of that office shall during his or her continuance in that office be an inspector in terms of such appointment. (3) The appointment of any person as an inspector pursuant to the Marine Parks Regulation 1983 shall continue as if the appointment was made under this regulation. (4) The chief executive may by instrument in writing terminate the appointment of an inspector.

s 37 40 s 38 Marine Parks Regulation 1990 37 Identity cards (1) The chief executive shall cause to be issued to each inspector an identity card bearing thereon the name, signature and photograph of that inspector. (2) A person whose appointment as an inspector is terminated shall forthwith return his or her identity card to the chief executive. 38 Powers of inspectors (1) An inspector at any time may— (a) for the purposes of the Act, enter any place in a marine park; (b) make such examination, investigation or inquiry as is necessary to ascertain whether the provisions of the Act are being complied with in respect to any place in a marine park; (c) question, for the purposes of the Act, a person found by the inspector in any place in a marine park or found by the inspector in possession of any apparatus, to ascertain whether the Act is being complied with and require a person so found to answer the questions put; (d) require a person found by the inspector committing an offence against the Act or who the inspector believes on reasonable grounds has committed an offence against the Act, or whose name and address are reasonably required for the purposes of the Act, to state the person’s full name and the address of the person’s usual place of residence and, if the inspector considers it necessary, the name and address of the usual place of residence of any other person and if the inspector suspects on reasonable grounds that the name and address so stated is false, may require evidence of the correctness thereof; (e) direct a person found by the inspector unlawfully in a marine park or zone or location within a marine park or who has committed or is committing an offence against the Act to leave the marine park or the zone or location within a marine park or to desist from committing the

s 38 41 s 38 Marine Parks Regulation 1990 offence, and the person shall comply with such direction; (f) require a person to produce to the inspector a permission or other authority under the Act granted and issued to that person or alleged by that person to have been granted and issued to the person, or any record, list or other writing that is required under the Act to be kept or exhibited by that person or that is, in the opinion of the inspector, material to any examination, investigation or inquiry under paragraph (b) and inspect, examine and take copies of or extracts therefrom; (g) for the purposes of the Act, stop any person, vessel, vehicle or aircraft in a marine park; (h) search any place in a marine park if the inspector suspects on reasonable grounds that an offence against the Act has been or is being committed or is likely to be committed or that there is likely to be in that place any marine product, apparatus, or other thing of any kind with respect to which that offence was or is being committed or is likely to be committed or that will afford evidence as to the commission of that offence, and may break open and search every bag, package, bottle or other receptacle of any kind in that place; (i) seize and detain any marine product (and any bag, package, bottle or other receptacle containing it) or any apparatus in respect of which an offence against the Act has been or is being committed or in respect of which the inspector suspects on reasonable grounds that an offence has been or is being committed or that the inspector believes will afford evidence as to the commission of that offence; (j) remove any marine product or any apparatus seized by the inspector under the Act from the place where it was seized to such place as the inspector determines, or may allow that marine product or apparatus to remain at the place of seizure and in the latter case make such arrangements as the inspector considers necessary to protect it; (k) call to the inspector’s aid—

s 38 42 s 38 Marine Parks Regulation 1990 (i) another inspector or a police officer in a case where the inspector is obstructed or has reasonable grounds to believe that the inspector will be obstructed in the exercise of the inspector’s powers or the performance of the inspector’s functions and duties; (ii) a person who the inspector thinks is competent to assist the inspector in the exercise of the inspector’s powers or the performance of the inspector’s functions and duties; (l) use such force as is reasonably necessary in the exercise of the powers or the performance of the functions and duties conferred or imposed upon the inspector by the Act; (m) by notice in writing, require— (i) any person found by the inspector in possession of any apparatus or marine product that the inspector is, under the Act, authorised to seize, to deliver the same to the inspector or to a third person specified in the notice at the place and within the time specified therein; (ii) the holder of a permit or other authority under the Act to notify the inspector forthwith upon that holder’s arrival in the port specified in the notice and of all marine products in the holder’s possession; (iii) the holder of a permit or other authority under the Act upon the notification referred to in subparagraph (ii) being given, to produce for inspection by the inspector or a third person specified in the notice such marine products notified as being in the holder’s possession as are specified in the notice. (2) For the purposes of gaining entry to any place in the marine park an inspector may call to the inspector’s aid such persons as the inspector thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by the inspector of the inspector’s power of entry, shall have a like power of entry.

s 39 43 s 40 Marine Parks Regulation 1990 (3) Where an inspector makes any requirement of a person in pursuance of section 38(1) or (2) the inspector must, if required by that person, produce his or her identity card for inspection by that person. (4) A person is not obliged under the Act to answer any question or give any information or evidence tending to incriminate the person. 39 Report by inspector Upon the seizure or detention of any marine product or apparatus by an inspector, the inspector must within 14 days submit a written report to the chief executive setting out— (a) the circumstances of the seizure or detention; (b) the arrangements made by the inspector for the temporary safe keeping or protection of the marine product or apparatus so detained or seized. 40 Return of marine products or apparatus A marine product or apparatus which has been seized or detained by an inspector must be returned, where practicable, to the person to whom it was taken within 12 months from the date of such seizure or detention except where such marine product or apparatus— (a) is required by the chief executive for any proceeding for an offence against the Act which is not finally determined, in which case, but subject always to paragraph (b), it shall be returned within 30 days of the final determination of such proceedings; or (b) is forfeited in accordance with the provisions of the Act or a zoning plan.

s 42 44 s 44 Marine Parks Regulation 1990 Part 8 Miscellaneous 42 Offences and penalties (1) A person who contravenes or fails to comply with any provision of this regulation commits an offence against this regulation. (2) A person who— (a) fails to do that which the person is directed or required to do; or (b) does that which the person is forbidden to do; by a person acting under the authority of this regulation commits an offence against this regulation. (3) A person who fails to comply with a condition imposed on him or her by the chief executive, being a condition to which the grant of a permission under this regulation was made subject, commits an offence against this regulation. (4) A person who commits an offence against this regulation is liable to a penalty not exceeding 100 penalty units. 43 Liability for offences If, by the use of a vessel or aircraft, an offence is committed against any section, each of the following persons commits the offence and punishable accordingly, whether or not the person did the act that constitutes the offence— (a) the master or other person in charge of the vessel, or the person in charge of the aircraft, at the time the offence is committed; (b) the owner of the vessel or aircraft (including each person who is co-owner of, or an owner of any part or share in, the vessel or aircraft) at the time the offence is committed. 44 Giving of notices Without prejudice to any other method of giving notice, the chief executive may give a notice to a person by sending the

s 44A 45 Marine Parks Regulation 1990 s 44A notice by post addressed to the person at his or her last known place of residence or business. Part 9 Transitional provisions for Marine Parks and Other Legislation Amendment and Repeal Regulation (No. ..) 2004 44A Definitions for pt 9 In this part— amendment regulation means the Marine Parks and Other Legislation Amendment and Repeal Regulation (No. ..) 2004 . commencement means the commencement of section 44B. GBR Coast Zoning Plan means the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004. pre-amalgamation marine park means each of the following— (a) Mackay/Capricorn Marine Park; (b) Townsville/Whitsunday Marine Park; (c) Cairns Marine Park; (d) Trinity Inlet/Marlin Coast Marine Park; (e) GBR Coast Marine Park (interim). relevant permission means a permission that relates to an area within a pre-amalgamation marine park. relevant zone, for an area, means the zone within the GBR Coast Marine Park that the area is in immediately after the commencement. unamended regulation means this regulation as in force before the commencement.

s 44B 46 Marine Parks Regulation 1990 s 44C 44B Continuing effect of relevant permissions (1) This section applies to a relevant permission in force immediately before the commencement. (2) The permission continues in effect— (a) as if it was granted for the GBR Coast Marine Park; and (b) as if it authorises the activities for which it was granted— (i) in the area stated on the permission; and (ii) subject to the condition that the permission does not authorise a person to enter or use a part of the GBR Coast Marine Park for a purpose if the GBR Coast Zoning Plan does not authorise the chief executive to grant a person a permission to enter or use the part of the marine park for the purpose; and (c) as if a reference in the permission to a zone of a pre-amalgamation marine park were a reference to the relevant zone for the area stated on the permission. (3) Subsection (2) has effect in relation to the permission only for the term of the permission. 44C Applications in progress for permissions (1) This section applies to an application for a permission to carry out an activity in an area within a pre-amalgamation marine park if the application is not finally decided before the commencement. (2) The application is taken to have been refused if, under the GBR Coast Zoning Plan, the chief executive is not authorised to grant a permission for the activity for the relevant zone for the area. (3) The application is taken to have been withdrawn if a person may, under the GBR Coast Zoning Plan, enter or use the relevant zone for the area to carry out the activity without permission. (4) If the application is not an application to which subsection (2) or (3) applies, the application is taken to be an application for

s 44D 47 Marine Parks Regulation 1990 s 44E a permission to enter or use the same area within the relevant zone for the area to carry out the activity. 44D Particular previously authorised conduct still authorised—first 120 days after commencement (1) This section applies if— (a) immediately before the commencement, a person was authorised to enter or use an area within the GBR Coast Marine Park for a purpose without permission; and (b) immediately after the commencement, the person requires a permission to enter or use the area for the purpose; and (c) the purpose does not involve fishing or collecting of a type for which a permission is required for the area, after the commencement. (2) The person may, without a permission, continue to enter or use the area for the purpose. (3) Subsection (2) has effect only for the first 120 days after the commencement. (4) In this section— fishing or collecting has the meaning given by the Great Barrier Reef Marine Park Zoning Plan 2003 (Cwlth). 44E Particular previously authorised conduct still authorised—after first 120 days after commencement (1) This section applies if— (a) immediately before the commencement, a person was authorised to enter or use an area within the GBR Coast Marine Park for a purpose without permission; and (b) immediately after the commencement, the person requires a permission to enter or use the area for the purpose; and (c) the person applies, under part 3, for a permission to enter or use the area for the purpose during the first 120 days after the commencement; and

s 44E 48 Marine Parks Regulation 1990 s 44E (d) the person has complied with any requirements in relation to the application for the permission under part 3 or the GBR Coast Zoning Plan, part 6; 11 and (e) the application for the permission has not been withdrawn and has not lapsed; and (f) the chief executive has not granted or refused to grant the permission. (2) The person may, without a permission, continue to enter or use the area for the purpose after the 120 days expire. (3) Subsection (2) has effect until the chief executive grants or refuses to grant the permission. 11 GBR Coast Zoning Plan, part 6 (Requirements for particular applications for permissions)

49 Marine Parks Regulation 1990 Schedule 1 Fees for assessment of application for permission to carry out tourism activity section 5(1) and (4) Part A $ 1 Activity that requires the use of an aircraft or vessel with a capacity of— (a) 1–24 passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440.00 (b) 25–50 passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . 640.00 (c) 51–100 passengers . . . . . . . . . . . . . . . . . . . . . . . . . . 1 150.00 (d) 101–150 passengers . . . . . . . . . . . . . . . . . . . . . . . . . 1 920.00 (e) 151 or more passengers. . . . . . . . . . . . . . . . . . . . . . . 3 200.00 2 Activity that requires the use of a facility or structure in a marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 400.00 3 Activity not mentioned in item 1 or 2 . . . . . . . . . . . . . . . . 440.00 Part B $ 4 Activity for which— (a) public notice is required to be given . . . . . . . . . . . . . 5 120.00 (b) an environmental impact statement must be prepared (i) for an activity in the GBR Coast Marine Park . 69 130.00 (ii) for an activity in another marine park. . . . . . . . 25 600.00

50 Marine Parks Regulation 1990 Schedule 2 Fees for assessment of application for continuation of permission to carry out tourism activity section 5(1) and (4) Part A $ 1 Activity that requires the use of an aircraft or vessel with a capacity of— (a) 1–24 passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440.00 (b) 25–50 passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . 510.00 (c) 51–100 passengers . . . . . . . . . . . . . . . . . . . . . . . . . . 700.00 (d) 101–150 passengers . . . . . . . . . . . . . . . . . . . . . . . . . 1 020.00 (e) 151 or more passengers. . . . . . . . . . . . . . . . . . . . . . . 1 280.00 Activity that requires the use of a facility or structure in a marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 400.00 3 Activity not mentioned in item 1 or 2 . . . . . . . . . . . . . . . . 440.00 Part B $ 4 Activity for which— (a) public notice is required to be given . . . . . . . . . . . . . 1 920.00 (b) an environmental impact statement must be prepared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 200.00

51 Marine Parks Regulation 1990 Schedule 3 Fees for permission, or continuation of permission, to carry out a commercial whale watching program section 5(3 ) $ 1 Permission for vessel with a length of— (a) 15m or less. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574.00 (b) more than 15m but not more than 20m . . . . . . . . . . . 918.00 (c) more than 20m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 722.00 2 Daily fee for each passenger— (a) passenger less than 5 years . . . . . . . . . . . . . . . . . . . . nil (b) passenger 5 years or more but less than 15 years . . . 1.40 (c) passenger 15 years or more . . . . . . . . . . . . . . . . . . . . 2.60

52 Marine Parks Regulation 1990 Schedule 4 Areas declared to be marine parks sections 5B and 5D Part 1 Moreton Bay Marine Park 1 Name of marine park The name Moreton Bay Marine Park is assigned to the area set apart and declared as a marine park in section 2. 2 Area declared to be marine park (1) The area of tidal waters and tidal land (other than freehold tidal land) enclosed by the boundary that— (a) starts at the most easterly point of H.A.T. level at Caloundra Head; and (b) then runs in a generally south-easterly direction along a geodesic that is tangential to, and connects with, an arc of 3n miles radius from 26º58.80' south, 153º29.00' east (Flinders Reef), at a point on the arc generally north-east of its centre; and (c) then runs in a generally south-easterly and then generally southerly direction along the arc to the parallel of latitude 26º58.80' south (the most easterly point of the arc); and (d) then runs in a generally southerly direction along a geodesic to a point 3n miles east of the most easterly point of North Stradbroke Island; and (e) then runs in a generally southerly direction along a line 3n miles seaward of the eastern side of North Stradbroke Island and South Stradbroke Island to a point 3n miles east of the most easterly point of the Gold Coast Seaway rock wall on South Stradbroke Island; and

53 Marine Parks Regulation 1990 Schedule 4 (continued) (f) then runs in a westerly direction along the parallel of latitude to the most easterly point of the H.A.T. line on the Gold Coast Seaway rock wall on South Stradbroke Island; and (g) then runs in a generally westerly and then generally north-westerly direction along the H.A.T. line along the southern edge of the rock wall to the intersection of the H.A.T. line by the 27º56.00' south parallel of latitude on the western side of South Stradbroke Island; and (h) then runs in a westerly direction along the parallel of latitude to the point where it intersects the 153º25.15' east meridian; and (i) then runs in a generally northerly direction along successive geodesics that run in turn to each of the following points— (i) 27º55.08' south, 153º24.73' east; (ii) 27º53.79' south, 153º24.22' east; (iii) 27º53.12' south, 153º24.33' east; (iv) 27º52.77' south, 153º24.55' east; (v) 27º52.59' south, 153º24.73' east; (vi) 27º51.98' south, 153º24.54' east; and (j) then runs in a generally south-westerly direction along successive geodesics that run in turn to each of the following points— (i) 27º52.13' south, 153º23.91' east; (ii) 27º52.45' south, 153º23.72' east; (iii) 27º52.60' south, 153º23.56' east; (iv) 27º52.64' south, 153º23.37' east; (v) 27º52.69' south, 153º23.14' east; and (k) then runs in a generally south-westerly direction along a geodesic to the point 27º52.85' south, 153º22.93' east, under the bridge linking Jabiru Island to Oxley Drive, Paradise Point; and

54 Marine Parks Regulation 1990 Schedule 4 (continued) (l) then runs in a generally southerly direction along successive geodesics that run in turn to each of the following points— (i) 27º52.97' south, 153º22.90' east; (ii) 27º53.31' south, 153º22.88' east; and (m) then runs in a generally southerly direction along a geodesic to the point on the eastern bank of Coombabah Creek at which the H.A.T. line is intersected by an imaginary extension of the northern property boundary of lot 7V on W311837 (Daisy Elms Park); and (n) then runs in a generally south-westerly direction along the H.A.T. line along the south-eastern bank of Coombabah Creek and Coombabah Lake to the intersection of the H.A.T. line by the north-eastern side of the Gold Coast Highway bridge spanning Coombabah Creek at Helensvale; and (o) then runs in a generally north-westerly direction along the north-eastern side of the bridge to the intersection of the north-eastern side of the bridge by the H.A.T. line on the north-western bank of Coombabah Creek; and (p) then runs in a generally north-easterly direction along the H.A.T. line on the north-western side of Coombabah Lake and Coombabah Creek to the most easterly point of lot 65 on W3134, Helensvale; and (q) then runs in a generally westerly direction along a geodesic to the H.A.T. line at the most southerly point of lot 322 on RP81555; and (r) then runs in a generally north-easterly and then generally northerly direction along the H.A.T. line to the most north-easterly point of the H.A.T. line on the south bank of Hope Harbour in the vicinity of Boykambil, Hope Island; and (s) then runs in a generally northerly direction along successive geodesics that run in turn to each of the following points— (i) 27º52.15' south, 153º22.84' east;

148 Marine Parks Regulation 1990 Schedule 9 (continued) • then northerly along the coastal line along the mainland to where it intersects longitude 143º17.166' east 216 • then westerly along the relevant mangrove line to where the mainland at high water intersects latitude 12º30.654' south 217 • then northerly along the coastal line along the mainland to where it intersects latitude 12º29.772' south 218 • then north-easterly along a geodesic to where latitude 12º29.616' south intersects the outer boundary of the mangrove forest that adjoins the northern side of the mouth of the Pascoe River 219 • then northerly along the coastal line along the mainland to where it intersects longitude 143º09.774' east 220 • then westerly along the relevant mangrove line to where the mainland at high water intersects latitude 12º20.598' south on the western side of Temple Bay • then northerly along the coastal line along the mainland to where it intersects latitude 12º10.344' south 221 • then northerly along a geodesic to where the mainland at high water intersects latitude 12º09.462' south 222 216 The coastal line along the mainland intersects longitude 143º17.166' east just east of the mouth of Hurdle Creek. 217 The mainland at high water intersects latitude 12º30.654' south just west of the mouth of Hurdle Creek. 218 The coastal line along the mainland intersects latitude 12º29.772' south on the relevant mangrove line on the southern side of the mouth of the Pascoe River, at approximately longitude 143º16.266' east. 219 Latitude 12º29.616' south intersects the outer boundary of the mangrove forest that adjoins the northern side of the mouth of the Pascoe River at approximately longitude 143º16.316' east. 220 The coastal line along the mainland intersects longitude 143º09.774' east on the eastern side of Temple Bay. 221 The coastal line along the mainland intersects latitude 12º10.344' south on the southern side of the mouth of the Olive River, at approximately longitude 143º05.694' east. 222 The mainland at high water intersects latitude 12º09.462' south on the northern side of the mouth of the Olive River, at approximately longitude 143º05.586' east.

149 Marine Parks Regulation 1990 Schedule 9 (continued) • then northerly along the coastal line along the mainland to where it intersects latitude 11º57.276' south 223 • then westerly along the relevant mangrove line to where the mainland at high water intersects longitude 143º12.840' east 224 • then westerly along the coastal line along the mainland to where it intersects longitude 143º12.558' east • then westerly along the relevant mangrove line to latitude 11º58.404' south, longitude 143º10.392' east 225 • then westerly along a geodesic to where longitude 143º10.164' east intersects the outer edge of the mangrove forest that adjoins the western side of the mouth of the MacMillan River 226 • then westerly along the coastal line along the mainland to where it intersects latitude 11º53.706' south 227 • then westerly along the relevant mangrove line to where the mainland at high water intersects longitude 142º59.442' east 228 • then westerly along the coastal line along the mainland to where it intersects longitude 142º58.704' east 229 223 The coastal line along the mainland intersects latitude 11º57.276' south on the eastern side of Waterhole Bay. 224 The mainland at high water intersects longitude 143º12.840' east on the western side of Waterhole Bay 225 Latitude 11º58.404' south, longitude 143º10.392' east is on the eastern side of the mouth of the MacMillan River. 226 Longitude 143º10.164' east intersects the outer boundary of the mangrove forest that adjoins the western side of the mouth of the MacMillan River at approximately latitude 11º58.392' south. 227 The coastal line along the mainland intersects latitude 11º53.706' south on the eastern side of Shelburne Bay. 228 The mainland at high water intersects longitude 142º59.442' east just east of White (Wolona) Point. 229 The coastal line along the mainland intersects longitude 142º58.704' east just west of White (Wolona) Point.

150 Marine Parks Regulation 1990 Schedule 9 (continued) • then westerly along the relevant mangrove line to where the mainland at high water intersects longitude 142º54.384' east 230 • then northerly along the coastal line along the mainland to where it intersects longitude 142º53.526' east 231 • then westerly along the relevant mangrove line to where the mainland at high water intersects longitude 142º51.378' east • then northerly along the coastal line along the mainland to where it intersects longitude 142º42.918' east 232 • then north-westerly along a geodesic to where Turtle Head Island at high water intersects longitude 142º42.384' east 233 • then northerly along Turtle Head Island at high water to where it intersects latitude 10º54.840' south 234 • then westerly along a geodesic to where Trochus Island at high water intersects longitude 142º38.322' east 235 • then westerly along the coastal line along Trochus Island to where it intersects longitude 142º37.458' east 236 230 The mainland at high water intersects longitude 142º54.384' east on the western side of Shelburne Bay. 231 The coastal line along the mainland intersects longitude 142º53.526' east just west of Double (Etatapuma) Point. 232 The coastal line along the mainland intersects longitude 142º42.918' east at Sharp Point (approximately latitude 10º57.690' south, longitude 142º42.918' east). 233 Turtle Head Island at high water intersects longitude 142º42.384' east at its most south-eastern point (approximately latitude 10º57.432' south, longitude 142º42.384' east). 234 Turtle Head Island at high water intersects latitude 10º54.840' south at its most north-western point (approximately latitude 10º54.840' south, longitude 142º39.210' east). 235 Trochus Island at high water intersects longitude 142º38.322' east at its most north-eastern point (approximately latitude 10º54.942' south, longitude 142º38.322' east). 236 The coastal line along Trochus Island intersects longitude 142º37.458' east at its most north-western point (approximately latitude 10º54.930' south).

151 Marine Parks Regulation 1990 Schedule 9 (continued) • then north-westerly along a geodesic to where latitude 10º54.762' south intersects the outer boundary of the mangrove forest that adjoins Newcastle Bay 237 • then northerly along the outer boundary of the mangrove forest that adjoins Newcastle Bay to where it intersects longitude 142º35.436.' east 238 • then north-westerly along a geodesic to where the mainland at high water intersects latitude 10º49.974' south 239 • then northerly along the coastal line along the mainland to where it intersects latitude 10º40.910' south 240 • then east along latitude 10º40.910' south to where it intersects the coastal 5km line around the mainland • then generally southerly along the coastal 5km line around the mainland to where it intersects the geodesic that passes through the following points— (a) latitude 14º18.179' south, longitude 145º39.064' east; (b) latitude 14º39.910' south, longitude 144º56.565' east • then south-westerly along that geodesic to the most eastern point where it intersects the mainland at high water. 237 Latitude 10º54.762' south intersects the outer boundary of the mangrove forest that adjoins Newcastle Bay at approximately latitude 10º54.762' south, longitude 142º37.182' east. 238 The outer boundary of the mangrove forest that adjoins Newcastle Bay intersects longitude 142º35.436' east at the most northern point on the eastern side of Kennedy Inlet (approximately latitude 10º52.080' south, longitude 142º35.436' east). 239 The mainland at high water intersects latitude 10º49.974' south on the western side of Kennedy Inlet at high water, at approximately longitude 142º32.988' east. 240 The coastal line along the mainland intersects latitude 10º40.910' south at the most northern point of Cape York. Latitude 10º40.910' south is the northern boundary of the Great Barrier Reef Region.

152 Marine Parks Regulation 1990 Schedule 10 Outer Islands Management Area section 2, definition Outer Islands Management Area 1 Offshore segment Tidal waters and tidal land that are— (a) within the Great Barrier Reef Region; and (b) seaward of the territorial sea baseline. 2 Inshore segment (1) Tidal waters and tidal land, other than tidal waters or tidal land mentioned in subsection (2), that are landward of the coastal 5km line around each island that is— (a) within the Great Barrier Reef Region; and (b) landward of the territorial sea baseline; and (c) not within any area mentioned in schedule 6, 7, 8 or 9. (2) For subsection (1), the inshore segment does not include the following— (a) tidal waters or tidal land within any of the following— (i) the Port of Gladstone; (ii) the Port of Rockhampton; (iii) the Port of Hay Point; (iv) the Port of Mackay; (v) the Port of Townsville; (b) tidal waters or tidal land, other than tidal waters or tidal land mentioned in paragraph (a), that are landward of the coastal 5km line around an island that is within, or completely surrounded by, a port mentioned in paragraph (a); (c) tidal waters that are, or tidal land that is, landward of the coastal 5km line around Pigeon Island;

153 Marine Parks Regulation 1990 Schedule 10 (continued) (d) tidal waters or tidal land within the port of Abbot Point, other than tidal waters and tidal land that are landward of the coastal 5km line around Middle Island; (e) tidal waters or tidal land within an area mentioned in schedule 6, 7, 8 or 9 or section 1 of this schedule. Note — The limits of the ports mentioned in this item are described in the TransportInfrastructure(Ports)Regulation1994 , schedule 1 (Port limits).

154 Marine Parks Regulation 1990 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2006. Future amendments of the Marine Parks Regulation 1990 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

155 Marine Parks Regulation 1990 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C Amendments to 1997 SL No. 73 1997 SL No. 384 2001 SL No. 237 2001 SL No. 283 Effective 1 April 1997 1 December 1997 1 December 2001 21 December 2001 Reprint date 5 June 1997 18 February 1998 14 December 2001 11 January 2001 Reprint No. 1D rv 1E 1F 1G 1H 1I 1J Amendments included 2003 SL No. 137 2004 SL No. 116 2004 SL No. 238 2005 SL No. 13 2005 SL No. 152 2006 SL No. 40 2006 SL No. 164 Effective 1 July 2003 2 July 2004 5 November 2004 18 February 2005 1 July 2005 17 March 2006 1 July 2006 Notes 5 Tables in earlier reprints Name of table Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 6 List of legislation Marine Parks Regulation 1990 made by the Deputy Governor on 16 August 1990 pubd gaz 18 August 1990 pp 2323–43 commenced 19 August 1990 (see s 2) exp 31 August 2006 (see SIA s 56A(2) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— regulations published gazette (pre SL series)— 1 September 1990 p 104 commenced on date of publication

156 Marine Parks Regulation 1990 Marine Parks Amendment Regulation 1991 SL No. 35 pubd gaz 27 July 1991 pp 1825–7 commenced on date of publication Marine Parks Amendment Regulation (No. 1) 1993 SL No. 38 notfd gaz 19 February 1993 pp 597–600 commenced on date of notification Marine Parks Amendment Regulation (No. 2) 1993 SL No. 195 notfd gaz 4 June 1993 pp 782–5 commenced on date of notification Marine Parks Amendment Regulation (No. 1) 1997 SL No. 73 notfd gaz 27 March 1997 pp 1333–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 1997 (see s 2) Environmental Legislation Amendment Regulation (No. 1) 1997 SL No. 379 pts 1–2 notfd gaz 7 November 1997 pp 967–8 commenced on date of notification Marine Parks Amendment Regulation (No. 2) 1997 SL No. 384 notfd gaz 14 November 1997 pp 1164–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 1997 (see s 2) Marine Parks Amendment Regulation (No. 1) 2001 SL No. 237 notfd gaz 30 November 2001 pp 1179–82 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2001 (see s 2) Environmental Legislation Amendment Regulation (No. 1) 2001 SL No. 283 s 1, pt 6 notfd gaz 21 December 2001 pp 1482–8 commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2003 SL No. 137 pts 1, 3 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Environmental Legislation Amendment Regulation (No. 1) 2004 SL No. 116 pts 1, 4 notfd gaz 2 July 2004 pp 705–7 ss 1–2 commenced on date of notification remaining provisions commenced 2 July 2004 (see s 2) Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1)2004 SL No. 238 pts 1, 3 notfd gaz 5 November 2004 pp 813–5 commenced on date of notification Note—A regulatory impact statement and explanatory note were prepared Marine Parks Amendment Regulation (No. 1) 2005 SL No. 13 notfd gaz 18 February 2005 pp 596–7 commenced on date of notification

157 Marine Parks Regulation 1990 Environmental Legislation Amendment Regulation (No. 1) 2005 SL No. 152 pts 1, 5 notfd gaz 1 July 2005 pp 763–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Marine Parks Amendment Regulation (No. 1) 2006 SL No. 40 notfd gaz 17 March 2006 pp 1090–1 commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2006 SL No. 164 pts 1, 5 notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) 7 List of annotations Short title s 1 prov hdg amd 2004 SL No. 238 s 5 Commencement s 2 om R1 (see RA s 37) Repeal s 3 om R1 (see RA s 40) Definitions prov hdg sub 2001 SL No. 237 s 4(1) s 2 prev s 4 renum 2004 SL No. 238 s 6(3) def “500m line” ins 2004 SL No. 238 s 6(2) def “1km line” ins 2004 SL No. 238 s 6(2) def “2km line” ins 2004 SL No. 238 s 6(2) def “Cairns/Cooktown Management Area” ins 2004 SL No. 238 s 6(2) def “coastal 20m line” ins 2004 SL No. 238 s 6(2) def “coastal 100m line” ins 2004 SL No. 238 s 6(2) def “coastal 500m line” ins 2004 SL No. 238 s 6(2) amd 2005 SL No. 13 s 3(2) def “coastal 1km line” ins 2004 SL No. 238 s 6(2) def “coastal 5km line” ins 2004 SL No. 238 s 6(2) def “coastal line” ins 2004 SL No. 238 s 6(2) def “Director” om 1997 SL No. 73 s 4(1) def “environmental impact statement” ins 1997 SL No. 73 s 4(2) def “Far Northern Management Area” ins 2004 SL No. 238 s 6(2) def “farming facility” ins 2004 SL No. 238 s 6(2) def “fringing reef” ins 2004 SL No. 238 s 6(2) def “GBR Coast Marine Park” ins 2004 SL No. 238 s 6(2) def “GBR Coast Marine Park (interim)” ins 2004 SL No. 238 s 6(2) def “Great Barrier Reef marine park” ins 1997 SL No. 73 s 4(2) om 2004 SL No. 238 s 6(1) def “H.A.T.” ins 1997 SL No. 384 s 4 def “highest astronomical tide” ins 1997 SL No. 384 s 4

158 Marine Parks Regulation 1990 def “high water” ins 2004 SL No. 238 s 6(2) def “impact assessment study” om 1997 SL No. 73 s 4(1) def “landing area” ins 2004 SL No. 238 s 6(2) def “L.A.T.” ins 2001 SL No. 237 s 4(3) def “lowest astronomical tide” ins 2001 SL No. 237 s 4(3) def “low water” ins 2004 SL No. 238 s 6(2) def “Mackay/Capricorn Management Area” ins 2004 SL No. 238 s 6(2) def “ mangrove forest” ins 2004 SL No. 238 s 6(2) def “mangrove line” ins 2004 SL No. 238 s 6(2) def “outer boundary” ins 2005 SL No. 13 s 3(1) def “Outer Islands Management Area” ins 2004 SL No. 238 s 6(2) def “permission” sub 1997 SL No. 73 s 4 def “special permission” ins 1997 SL No. 73 s 4(2) def “territorial sea baseline” ins 2004 SL No. 238 s 6(2) def “Townsville/Whitsunday Management Area” ins 2004 SL No. 238 s 6(2) def “Trinity Inlet fish habitat area” ins 2004 SL No. 238 s 6(2) def “vehicle” amd 2001 SL No. 237 s 4(2) Notes in text s 3 ins 2004 SL No. 238 s 7 References to latitudes and longitudes s 4 ins 2004 SL No. 238 s 7 References to H.A.T., high water etc. s 4A ins 2004 SL No. 238 s 7 References to relevant mangrove line s 4B ins 2004 SL No. 238 s 7 References to bracketed reef numbers s 4C ins 2004 SL No. 238 s 7 Fees s 5 sub 1993 SL No. 195 s 3; 1997 SL No. 73 s 5 Indexation of fees s 5A ins 1997 SL No. 73 s 5 PART 1A—DECLARATION OF MARINE PARKS pt 1A (ss 5B–5D) ins 1997 SL No. 384 s 5 PART 1B—AMALGAMATION OF MARINE PARKS pt 1B (s 5E) ins 2004 SL No. 238 s 8 Contents of zoning plan s 6 amd 1997 SL No. 73 s 17 Designated areas s 7 amd 1997 SL No. 73 s 17 PART 3—PERMISSION TO ENTER OR USE A MARINE PARK pt hdg sub 1997 SL No. 73 s 6

159 Marine Parks Regulation 1990 Entry and use of zones and designated zones s 8A ins 1997 SL No. 73 s 7 Application for permission to enter or use marine park prov hdg sub 1997 SL No. 73 s 8(1) s 9 amd 1993 SL No. 195 s 4; 1997 SL No. 73 ss 8(2)–(3), 17, 18; 2004 SL No. 238 s 9 Advertising of application in particular circumstances s 9AA ins 2004 SL No. 238 s 10 Matters chief executive may or must consider for considering application s 9AB ins 2004 SL No. 238 s 10 When fee payable—commercial whale watching program s 9A ins 1997 SL No. 73 s 9 Grant or refusal of permission s 10 amd 1997 SL No. 73 s 17, 18; 2004 SL No. 238 s 11 Restrictions on grant of permission s 10A ins 1997 SL No. 379 s 3 Revocation of permission s 11 amd 1997 SL No. 73 s 17, 18 Variation of permission s 12 amd 1997 SL No. 73 s 17, 18 Continuation of permission s 13 amd 1997 SL No. 73 s 18 Requirements about giving authorisations under permission s 13A ins 2004 SL No. 238 s 12 Effect of authorisations given under permission s 13B ins 2004 SL No. 238 s 12 Entry in emergency s 14 amd 2004 SL No. 238 s 13 Preparation s 15 amd 1997 SL No. 73 s 17 Contents s 16 amd 1997 SL No. 73 s 17 Approval of plans and programs s 17 amd 1997 SL No. 73 s 17 Amendment etc. of plans and programs s 18 amd 1997 SL No. 73 s 17 Chief executive may give directions for carrying out activities in a zone s 18A ins 2004 SL No. 238 s 14 Removal of materials etc. prohibited s 19 amd 1997 SL No. 73 s 19

160 Marine Parks Regulation 1990 Discharging etc. of wastes s 20 amd 1997 SL No. 73 s 19; 2004 SL No. 238 s 15 Building prohibited s 21 amd 1997 SL No. 73 s 19 Living on vessels, vehicles, aircraft or structures s 22 amd 1997 SL No. 73 s 19 Abandonment of vessels, vehicles or aircraft s 24 amd 1997 SL No. 73 s 10 Introduction of animals, marine products or plants s 25 amd 1997 SL No. 73 s 10 Entry of domestic animals into particular areas s 26 amd 1997 SL No. 73 s 17 sub 2004 SL No. 238 s 16 Entry of vehicles into particular areas s 26A ins 2004 SL No. 238 s 16 Lighting of fires in particular areas s 26B ins 2004 SL No. 238 s 16 Temporary restricted areas s 27 amd 1997 SL No. 73 ss 11, 17; 2004 SL No. 238 s 17 Unlawful entry into or use of zone or designated area s 29 om 1997 SL No. 73 s 12 Trading and other activities s 31 amd 1997 SL No. 73 s 19 Motorised watersports s 32A ins 1997 SL No. 73 s 13 Prohibition on taking marine products in marine parks s 33 amd 1997 SL No. 73 s 14 Offences relating to spearfishing s 34 amd 2004 SL No. 238 s 18 Prohibition on taking large cod or groper s 35 amd 1997 SL No. 73 s 19 Appointment of inspectors s 36 amd 1997 SL No. 73 s 17 Identity cards s 37 amd 1997 SL No. 73 s 17 Report by inspector s 39 amd 1997 SL No. 73 s 17 Return of marine products or apparatus s 40 amd 1997 SL No. 73 s 17

161 Marine Parks Regulation 1990 Permissions s 41 om 1997 SL No. 73 s 15 Offences and penalties s 42 amd 1997 SL No. 73 ss 16, 17, 18 Giving of notices s 44 amd 1997 SL No. 73 s 17 PART 9—TRANSITIONAL PROVISIONS FOR MARINE PARKS AND OTHER LEGISLATION AMENDMENT AND REPEAL REGULATION (No. ..) 2004 pt hdg prev pt 9 hdg ins 1993 SL No. 38 s 3 sub 1997 SL No. 384 s 6 exp 1 December 1997 (see s 47) pres pt 9 hdg ins 2004 SL No. 238 s 19 Definitions for pt 9 s 44A ins 2004 SL No. 238 s 19 Continuing effect of relevant permissions s 44B ins 2004 SL No. 238 s 19 Applications in progress for permissions s 44C ins 2004 SL No. 238 s 19 Particular previously authorised conduct still authorised—first 120 days after commencement s 44D ins 2004 SL No. 238 s 19 Particular previously authorised conduct still authorised—after first 120 days after commencement s 44E ins 2004 SL No. 238 s 19 Marine parks revoked s 45 ins 1993 SL No. 38 s 3 sub 1997 SL No. 384 s 6 exp 1 December 1997 (see s 47) Instruments repealed s 46 ins 1993 SL No. 38 s 3 sub 1997 SL No. 384 s 6 exp 1 December 1997 (see s 47) Expiry of part s 47 ins 1993 SL No. 38 s 3 sub 1997 SL No. 384 s 6 exp 1 December 1997 (see s 47) SCHEDULE 1—FEES FOR ASSESSMENT OF APPLICATION PERMISSION TO CARRY OUT TOURISM ACTIVITY amd reg pubd gaz 1 September 1990 p 104; 1991 SL No. 35 s 3 sub 1993 SL No. 195 s 5; 1997 SL No. 73 s 20 amd 2004 SL No. 238 s 20 FOR

162 Marine Parks Regulation 1990 SCHEDULE 2—FEE FOR ASSESSMENT OF APPLICATION FOR CONTINUATION OF PERMISSION TO CARRY OUT TOURISM ACTIVITY ins 1993 SL No. 195 s 5 sub 1997 SL No. 73 s 20 SCHEDULE 3—FEE FOR PERMISSION, OR CONTINUATION OF PERMISSION, TO CARRY OUT A COMMERCIAL WHALE WATCHING PROGRAM ins 1993 SL No. 195 s 5 sub 1997 SL No. 73 s 20; 2001 SL No. 283 s 12; 2003 SL No. 137 s 6; 2004 SL No. 116 s 8; 2005 SL No. 152 s 10; 2006 SL No. 164 s 12 SCHEDULE 4—AREAS DECLARED TO BE MARINE PARKS ins 1997 SL No. 384 s 7; 2006 SL No. 40 s 3 MORETON BAY MARINE PARK hdg om 2001 SL No. 237 s 5(1) PART 1—MORETON BAY MARINE PARK pt hdg ins 2001 SL No. 237 s 5(1) PART 2—TRINITY INLET/MARLIN COAST MARINE PARK pt 2 (ss 3–7) ins 2001 SL No. 237 s 5(2) PART 3—GREAT BARRIER REEF COAST MARINE PARK (INTERIM) pt 3 (ss 8–9) ins 2004 SL No. 238 s 21 SCHEDULE 5—GREAT BARRIER REEF COAST MARINE PARK sch 5 (s 1) ins 2004 SL No. 238 s 22 SCHEDULE 6—MACKAY/CAPRICORN MANAGEMENT AREA sch 6 (ss 1–6) ins 2004 SL No. 238 s 22 SCHEDULE 7—TOWNSVILLE/WHITSUNDAY MANAGEMENT AREA Whitsundays Segment s 1 ins 2004 SL No. 238 s 22 Bowen to Abbot Point Segment s 2 ins 2004 SL No. 238 s 22 Cape Upstart Segment s 3 ins 2004 SL No. 238 s 22 Bowling Green Bay Segment and Cleveland Bay s 4 prov hdg amd 2005 SL No. 13 s 4(1) Halifax Bay and Magnetic Island Segment s 5 amd 2005 SL No. 13 s 4(2) Hinchinbrook Segment s 6 ins 2004 SL No. 238 s 22 Family Islands Segment s 7 ins 2004 SL No. 238 s 22

163 Marine Parks Regulation 1990 Palm Islands Segment s 8 ins 2004 SL No. 238 s 22 SCHEDULE 8—CAIRNS/COOKTOWN MANAGEMENT AREA sch 8 (ss 1–8) ins 2004 SL No. 238 s 22 SCHEDULE 9—FAR NORTHERN MANAGEMENT AREA sch 9 (s 1) ins 2004 SL No. 238 s 22 SCHEDULE 10—OUTER ISLANDS MANAGEMENT AREA Offshore segment s 1 ins 2004 SL No. 238 s 22 Inshore segment s 2 amd 2005 SL No. 13 s 5 © State of Queensland 2006