Marine Parks Regulation 2017 (Qld)

Marine Parks Regulation 2017

Part 1    Preliminary

1   Short title

This regulation may be cited as the Marine Parks Regulation 2017.

2   Commencement

This regulation commences on 1 September 2017.

3   Definitions

The dictionary in schedule 6 defines particular words used in this regulation.

Part 2    Provisions about areas within marine park

4   Zones within marine park generally

(1)A marine park may be comprised of 1 or more of the following zones—

(a)general use zone;

(b)habitat protection zone;

(c)conservation park zone;

(d)buffer zone;

(e)scientific research zone;

(f)marine national park zone;

(g)preservation zone.

(2)A marine park may also include a zone of a name and nature corresponding to a zone of the Commonwealth marine park.

(3)The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection they must be given under the zoning plan applying to the marine park.

5   Estuarine conservation zone in GBR Coast Marine Park

(1)Despite section 4, the GBR Coast Marine Park may also include an estuarine conservation zone.

(2)The estuarine conservation zone in the marine park falls between the habitat protection zone and the conservation park zone in the order of the level of protection that must be given to classes of zones under the zoning plan applying to the marine park.

6   Objects for zones

The objects to be achieved for a zone mentioned in section 4(1) or 5 are stated in schedule 1.

7   Areas that are highly protected areas

For the Act, schedule, definition highly protected area, paragraph (b), a zone classified as a buffer zone or a scientific research zone is a highly protected area.

Part 3    Permissions to enter or use marine park

Division 1 Application for permission

8   Requirements for application

(1)A person may apply to the chief executive for the grant of a permission for a marine park or a part of a marine park.

(2)The application must—

(a)be in the approved form; and

(b)be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2; and

(c)comply with any other requirements for the application under a zoning plan applying to the marine park.

Division 2 Considering and deciding application for permission

9   Fee must be paid

(1)This section applies to an application for a permission for which a fee is payable if the fee does not accompany the application.

(2)The chief executive must, by notice—

(a)ask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and

(b)advise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section.

(3)The chief executive may refuse to decide the application until the fee is paid.

10   Matters to which chief executive must have regard

In considering an application for a permission for a marine park or a part of a marine park, the chief executive must have regard to all of the following—

(a)the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct) on the environment and on the cultural resources of the marine park or part;

(b)options for monitoring, managing and mitigating the potential impact of the proposed conduct on the environment and on the cultural resources of the marine park or part;

(c)if the proposed conduct will take place in an area to which a zoning plan applies—the objects of the area as set out in the zoning plan;

(d)any written submissions received about the application in response to any public notice of the application given under section 15;

(e)any other matters relevant to the orderly and proper management of the marine park.

11   Other matters to which chief executive may have regard

(1)In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following—

(a)the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park;

(b)the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct;

(c)any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act;

(d)if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project;

(e)if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State—

(i)whether the approval or permission has been granted and, if so, its terms; or

(ii)whether the approval or permission is likely to be granted and, if granted, its likely terms;

(f)any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard;

(g)any relevant law of the State or of the Commonwealth, or a relevant instrument;

(h)any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), or any conservation plan under the Nature Conservation Act 1992;

(i)whether the applicant for the permission is a suitable person to hold the permission, having regard to—

(i)the applicant’s history in relation to environment matters; and

(ii)if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and

(iii)if the applicant is a company that is a subsidiary of another company (the parent body)—the history of the parent body and its executive officers in relation to environment matters; and

(iv)whether the applicant owes any amount payable under the Act;

(j)the likely cumulative effect of the applicant’s proposed use and other uses on a marine park;

(k)any other matters relevant to achieving the purpose of the Act.

(2)In this section—

relevant instrument, for a marine park or a part of a marine park, means—

(a)a management plan applying to the marine park or part; or

(b)a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or

(c)a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or

(d)a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or

(e)a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or

(f)any other instrument made under an Act that the chief executive considers is relevant.

Example of an instrument for paragraph (f)—

an instrument about the management of the environment

12   Chief executive’s power to require further information or document

(1)Before deciding an application for a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application.

(2)The chief executive may require the information or document to be verified by a statutory declaration.

(3)The applicant is taken to have withdrawn the application if the applicant does not comply with the request.

(4)The chief executive may extend the period within which the information or document must be given.

13   Amending application

If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

14   Requirements if environmental impact statement requested by chief executive

(1)This section applies if the chief executive has, under section 12, asked the applicant to give the chief executive an environmental impact statement about the applicant’s proposed use for the marine park, or the part of a marine park, the subject of the application.

(2)The EIS process under the Environmental Protection Act 1994 applies for the environmental impact statement as if the proposed use were a project to which chapter 3, part 1 of that Act applies.

(3)The applicant must pay the costs of preparing the environmental impact statement.

(4)In this section—

EIS process see the Environmental Protection Act 1994, schedule 4.

15   Chief executive may request public notice of application

(1)This section applies if the chief executive considers the grant of a permission may—

(a)have a significant impact on the use and non-use values of a marine park or a part of a marine park; or

(b)restrict the reasonable use or enjoyment of a part of a marine park by persons other than the applicant for the permission.

(2)The chief executive may give the applicant a notice stating—

(a)the applicant must give public notice of the application for the permission within a stated period; and

(b)the information that must be included in the notice the subject of the public notice; and

(c)the number of times, being not more than 2, the public notice must be given.

(3)The applicant must give the public notice and ensure it—

(a)includes the stated information; and

(b)invites interested persons to make written submissions to the chief executive, in relation to the application—

(i)at an address stated in the notice; and

(ii)within a stated period of at least 30 business days.

(4)Before deciding whether or not to grant the permission, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period.

(5)The applicant is taken to have withdrawn the application if the applicant does not comply with—

(a)a notice given under subsection (2); or

(b)the requirements for giving the public notice under subsection (3).

16   Deciding application

(1)The chief executive must consider each application for a permission and, within a reasonable period, decide—

(a)to grant the permission, with or without conditions; or

(b)to refuse to grant the permission.

(2)Subsection (3) applies if the application is for a new permission to commence immediately after an existing permission of the same type expires.

(3)Without limiting subsection (1), the chief executive may decide to refuse the application if the chief executive reasonably believes—

(a)the existing permission was obtained on the basis of incorrect or misleading information; or

(b)the holder of the existing permission has contravened a condition of the permission.

17   Only suitable person can hold permission

The chief executive may grant a permission only if the chief executive is satisfied the applicant is a suitable person to hold the permission.

18   Restriction on grant of permission for commercial whale watching program

(1)The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are fewer than 20 current authorities applying for the marine park.

(2)The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are fewer than 3 current authorities applying for the marine park.

(3)However, the chief executive can not grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park unless—

(a)the applicant for the permission is—

(i)the registered native title body corporate for the area or a part of the area; or

(ii)a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or

(iii)a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and

(b)there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.

(4)Also, the chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park if—

(a)there are 3 current authorities applying for the marine park; and

(b)the applicant for the permission is—

(i)the holder of 1 of the current authorities; and

(ii)a person mentioned in section 18(3)(a); and

(c)there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.

(5)In this section—

current authority means—

(a)a permission in force under the Act; or

(b)an authorisation under a commercial activity agreement.

Point Lookout area, within the Moreton Bay Marine Park, means the area bounded by a line starting at the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º18.000' south (at about the point of 27º18.000' south, 153º25.484' east) then running progressively—

(a)east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and

(b)generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and

(c)west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and

(d)generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and

(e)northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and

(f)generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point.

Note—

The latitudes and longitudes mentioned in this section are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.

registered native title body corporate see the Native Title Act 1993 (Cwlth), section 253.

traditional owner, for an area of the Moreton Bay Marine Park, see the Marine Parks (Moreton Bay) Zoning Plan 2019, schedule 5.

19   Restriction on grant of permission authorising feeding of dolphins

(1)The chief executive may grant a permission authorising the feeding of dolphins in a marine park or a part of a marine park only to a person who holds—

(a)a 2006 relevant permission for the marine park or part; or

(b)an existing relevant permission for the marine park or part.

(2)The term of the permission granted to a person under subsection (1) must start immediately after the expiry of the 2006 relevant permission or the existing relevant permission held by the person.

(3)In this section—

2006 relevant permission, for a marine park or a part of a marine park, means a permission that—

(a)was granted under the 2006 regulation, section 16; and

(b)authorises the feeding of dolphins in the marine park or part.

existing relevant permission, for a marine park or a part of a marine park, means a permission that—

(a)was granted under section 16; and

(b)authorises the feeding of dolphins in the marine park or part.

20   Permission can not be granted if plan restricts the grant

The chief executive can not grant a permission for a marine park, or a part of a marine park, that is inconsistent with a zoning plan or management plan applying to the marine park.

Example of inconsistency—

A zoning plan or management plan applying to the marine park provides that permissions for the park may be granted for particular purposes. The proposed permission is for, or includes, a purpose other than those purposes.

21   Restriction on grant of permission about insurance

(1)The chief executive may grant a permission to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permission.

(2)However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.

22   Steps to be taken after application decided

(1)If the chief executive decides to grant a permission, the chief executive must, as soon as practicable after making the decision, give the applicant—

(a)the permission; and

(b)if a condition imposed by the chief executive is stated on the permission—an information notice about the decision to impose the condition.

(2)Subsection (1)(b) does not apply for a condition that the applicant has requested or permitted in the application.

Example for subsection (2)—

The applicant has applied for a permission to authorise the conducting of a commercial activity in a marine park for 30 persons and the chief executive grants the permission subject to the condition that the permission only authorises its holder to conduct the commercial activity for 30 persons.

(3)Without limiting the conditions the chief executive may impose on a permission, the chief executive may impose either of 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 conducted under the permission;

(b)a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.

(4)If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice about the decision.

Division 3 Form of permission

23   Permission to be written

(1)A permission granted under this part must be written.

(2)The chief executive may use 1 document for the grant of 2 or more permissions under this part.

(3)Also, the chief executive may use an instrument that has been used for the grant of a Commonwealth permission for the grant of a permission under this part.

24   Matters to be stated on permission

A permission granted under this part must state each of the following—

(a)the date it was granted;

(b)if it does not commence on the date it was granted—its commencement date;

(c)either its term or its expiry date;

(d)the holder’s name and, if the holder is a corporation, its ABN or ACN;

(e)the holder’s place of business;

(f)the marine park or the part of a marine park that may be entered or used under the permission;

(g)if a part of a marine park that is within a zone or designated area is to be entered or used under the permission—the name of the zone or designated area;

(h)the purpose for which the entry or use is authorised;

(i)if the permission authorises the holder to take natural or cultural resources in the marine park—the natural or cultural resources that may be taken under the permission;

(j)any conditions imposed by the chief executive on the permission.

Division 4 Amendment, suspension or cancellation of permission

Subdivision 1 Non-immediate amendment

25   Amendment by chief executive

(1)This section applies if—

(a)the chief executive reasonably believes a permission should be amended; and

(b)the proposed amendment is a minor amendment.

(2)The chief executive may amend the permission by giving the holder of the permission notice of the amendment.

(3)The notice must state the reasons for the amendment.

(4)Sections 28 and 29 do not apply to the amendment.

(5)The amendment takes effect on the later of the following days—

(a)the day the notice is given to the holder;

(b)the day of effect stated in the notice.

(6)The effect of the amendment does not depend on the amendment being noted on the permission.

(7)In this section—

minor amendment means an amendment that—

(a)omits a condition, if the omission does not adversely affect the holder’s interest; or

(b)corrects an error; or

(c)makes another change, other than a change of substance, that does not adversely affect the holder’s interests.

26   Amendment by application

(1)The holder of a permission may apply to the chief executive for an amendment of the permission.

(2)The application must—

(a)be in the approved form; and

(b)be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2; and

(c)comply with any other requirements for the application under a zoning plan applying to the marine park; and

(d)be made at least 10 business days before the holder of the permission intends the amendment to take effect.

(3)However, the chief executive may consider an application for an amendment even if the application does not comply with subsection (2).

(4)If the chief executive decides to make the amendment, the chief executive must give the holder notice of the amendment.

(5)The amendment takes effect on the later of the following days—

(a)the day the notice is given to the holder;

(b)the day of effect stated in the notice.

(6)The effect of the amendment does not depend on the amendment being noted on the permission.

(7)If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision give the holder an information notice about the decision.

27   Chief executive’s power to require further information or document

(1)Before deciding an application for an amendment of a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application.

(2)The chief executive may require the information or document to be verified by a statutory declaration.

(3)The applicant is taken to have withdrawn the application if the applicant does not comply with the request.

(4)The chief executive may extend the period within which the information or document must be given.

28   Other non-immediate amendment

The chief executive may, by complying with section 29, amend a permission—

(a)if the chief executive reasonably believes—

(i)the permission was obtained because of incorrect or misleading information; or

(ii)the holder of the permission has contravened a condition of the permission; or

(iii)the holder of the permission is not, or is no longer, a suitable person to hold the permission; or

(iv)the amendment is necessary having regard to the purpose of the Act; or

(b)if the holder of the permission has failed to—

(i)pay a prescribed fee by the day or within the period during which the fee must be paid; or

(ii)give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or

(c)if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or

(d)to secure the safety of a person or a person’s property; or

(e)to conserve or protect the natural or cultural resources in a marine park; or

(f)if the area to which the permission applies is declared, after the grant of the permission, as a restricted access area; or

(g)for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be—

(i)amended to an extent that it is no longer consistent with the permission granted under the Act; or

(ii)replaced with another permission that is not consistent with the permission granted under the Act.

29   Procedure for non-immediate amendment

(1)If the chief executive proposes to make an amendment under section 28, the chief executive must give the holder a notice stating each of the following—

(a)the proposed amendment;

(b)the ground for the proposed amendment;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.

(2)The chief executive may amend the permission if, after considering any written submissions made within the stated period, the chief executive still believes the amendment should be made—

(a)in the way stated in the notice; or

(b)in another way, having regard to the submissions.

(3)If the chief executive amends the permission, the chief executive must give the holder an information notice about the decision.

(4)The amendment takes effect on the later of the following days—

(a)the day the information notice is given to the holder;

(b)the day of effect stated in the information notice.

(5)The effect of the amendment does not depend on the amendment being noted on the permission.

(6)If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.

Subdivision 2 Immediate amendment or suspension

30   Immediate amendment or suspension for safety or conservation

(1)This section applies if—

(a)the chief executive reasonably believes a permission should be amended or suspended—

(i)to secure the safety of a person or a person’s property; or

(ii)because of a cyclone or other natural disaster; or

(iii)to conserve or protect the natural or cultural resources in the marine park to which it applies; or

(b)the area to which a permission applies is declared, after the grant of the permission, to be a restricted access area.

(2)The chief executive must, in writing, or verbally if practicable, or by signs, advise the holder of the permission that, until the chief executive otherwise decides—

(a)the permission is amended in the way the chief executive advises; or

(b)the permission is suspended to the extent the chief executive advises.

(3)If the chief executive acts under subsection (2), the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.

(4)The effect of an amendment under this section does not depend on the amendment being noted on the permission.

(5)The chief executive must as soon as practicable after the amendment or suspension ends—

(a)in writing, or verbally if practicable, or by signs, advise the holder of the permission that the amendment or suspension no longer applies; and

(b)put a notice on the department’s website advising that the amendment or suspension no longer applies.

31   Immediate amendment or suspension for failure to pay fee

(1)This section applies if—

(a)the holder of a permission has failed to pay a prescribed fee required to be paid for the permission, by the day or within the period during which the fee must be paid; and

(b)the chief executive has given the holder a notice stating that—

(i)the holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and

(ii)if the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and

(c)the holder does not pay the fee by the stated day.

(2)The chief executive may amend or suspend the permission.

(3)If the chief executive acts under this section—

(a)the chief executive must give the holder of the permission an information notice about the decision; and

(b)if the action is suspension, the notice must state the suspension period; and

(c)the amendment or suspension takes effect on the later of the following days—

(i)the day the notice is given to the holder;

(ii)the day of effect stated in the notice; and

(d)if the action is suspension, it continues until the earlier of the following—

(i)the day the holder pays the outstanding fee;

(ii)the end of the suspension period stated in the notice.

(4)The effect of an amendment under this section does not depend on the amendment being noted on the permission.

Subdivision 3 Non-immediate suspension or cancellation

32   Non-immediate suspension or cancellation

The chief executive may, by complying with section 33, suspend or cancel a permission—

(a)for a reason for which the permission may be amended or suspended under section 30; or

(b)for a reason for which the permission may be amended or suspended under section 31; or

(c)if the purpose for which the entry or use of a marine park or a part of a marine is authorised under the permission is prescribed as a prohibited purpose for the marine park or part; or

(d)if the chief executive reasonably believes—

(i)the permission was obtained because of incorrect or misleading information; or

(ii)the holder of the permission has contravened a condition of the permission; or

(iii)the holder of the permission is not, or is no longer, a suitable person to hold the permission; or

(e)if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or

(f)if the holder of the permission has failed to give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or

(g)if the chief executive reasonably believes the activities being conducted under the permission are having an unacceptable impact on—

(i)the natural or cultural resources in a marine park; or

(ii)the use and non-use values of a marine park; or

(h)if the chief executive reasonably believes the activities being conducted under the permission are threatening public health or safety; or

(i)for a permission authorising the use of a structure, vessel, vehicle or aircraft in a marine park—if the chief executive reasonably believes the structure, vessel, vehicle or aircraft is not, or is no longer, appropriate for use under the permission; or

(j)for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be—

(i)amended to an extent that it is no longer consistent with the permission granted under the Act; or

(ii)replaced with another permission that is not consistent with the permission granted under the Act; or

(iii)suspended or cancelled; or

(k)if the chief executive reasonably believes the suspension or cancellation is necessary to ensure the fair and equitable access to the marine park to which the permission applies.

Example for paragraph (k)—

Environmental factors have affected the availability of public access to the marine park for which the permission is granted and the permission currently restricts the currently available public access to the marine park.

33   Procedures for non-immediate suspension or cancellation

(1)If the chief executive proposes to take action (the proposed action) under section 32, the chief executive must give the holder of the permission a notice stating each of the following—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is suspension of the permission—the proposed suspension period;

(e)an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.

(2)If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—

(a)if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period.

(3)If the chief executive decides to suspend or cancel the permission, the chief executive must give the holder an information notice about the decision.

(4)A decision to suspend or cancel the permission takes effect on the later of the following days—

(a)the day the information notice is given to the holder;

(b)the day of effect stated in the information notice.

(5)If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.

(6)If a permission is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.

(7)If a permission is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.

Subdivision 4 Other provisions about permissions

34   [Repealed]

35   [Repealed]

36   [Repealed]

37   Requirement to notify chief executive of particular changes and ask for amendment

(1)This section applies to the holder of a permission if a change to either of the following happens—

(a)the holder’s name;

(b)the holder’s place of business.

(2)The holder must before, or immediately after, the change happens—

(a)give the chief executive a notice stating the nature of the change; and

(b)apply to the chief executive for an amendment of the permission to reflect the change.

Maximum penalty—10 penalty units.

Note—

For amending a permission by application, see section 26.

38   [Repealed]

39   Surrender of permission

(1)The holder of a permission may, by notice given to the chief executive, surrender the permission.

(2)The surrender takes effect on the later of the following days—

(a)the day the notice is given to the chief executive;

(b)the day stated in the notice.

40   Existing permission taken to be in force while new application is considered

(1)This section applies if—

(a)the holder of a permission makes an application for a new permission of the same type; and

(b)the new permission is intended to commence immediately after the expiry of the existing permission.

(2)The existing permission is taken to continue in force from the day it would otherwise have expired (the original expiration day) until the day on which the earliest of the following happens—

(a)the chief executive grants the new permission;

(b)the chief executive decides to refuse the application and gives the applicant an information notice about the decision;

(c)the applicant is taken to have withdrawn the application under section 12.

(3)If the chief executive grants the new permission—

(a)the existing permission is taken to have expired on the original expiration day; and

(b)the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and

(c)for the period during which the existing permission is taken to have continued in force under subsection (2), the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission.

(4)Subsection (2) does not stop the existing permission from being suspended or cancelled under this regulation.

Division 5 Carrying out activities under permission

Subdivision 1 Effect of grant of permission

41   Activities authorised under permission generally

(1)A permission granted under this part authorises the holder of the permission to enter and use the marine park, or the part of a marine park, stated on the permission for conducting the activity stated on the permission.

(2)To remove any doubt, it is declared that the authorisation mentioned in subsection (1) is subject to the following—

(a)the authorisation does not exist during a period the permission is suspended under division 4;

(b)the authorisation ceases to exist if the permission is cancelled under division 4.

42   Term of permission

(1)A permission is granted for the term stated on it.

(2)Subject to section 40, the permission expires at the end of the term.

43   How authorisation may be given to other persons

(1)This section applies if a permission includes a condition that the holder of the permission may authorise another person to enter and use a marine park, or a part of a marine park, for conducting an activity that is authorised under the permission for a stated period.

(2)The holder of the permission may give the authorisation only by giving the other person a notice stating the following—

(a)the name of the person to whom the authorisation is given;

(b)the date on which the authorisation was given and the period to which the authorisation applies;

(c)the marine park, or the part of a marine park, that may be entered or used for conducting the activity;

(d)the nature of the activity;

(e)the conditions of the permission that are relevant to conducting the activity.

44   Effect of authorisation given under permission under s 43

(1)A person to whom an authorisation under a permission is given under section 43(2) may enter and use the marine park, or the part of the marine park, stated in the authorisation for conducting the activity stated in the authorisation during the period stated in the authorisation.

(2)The person is taken to be conducting the activity under the permission.

(3)If the holder of the permission is also conducting the activity under the permission, the activity authorised under the permission, and the conditions of it, apply as if the activity conducted by the person and the activity conducted by the holder were conducted by the same person under the permission.

Example for subsection (3)—

A permission authorises the taking of 500 animals of a species in a marine park.

The total number of animals of that species that may be taken under the permission is 500.

The number of animals of that species taken by the holder and the number of animals of that species taken by a person to whom the holder gives an authorisation under section 43(2) must be added together to work out the number of animals of that species that have been taken under the permission.

Subdivision 2 Inspection of permission

45   Permission or authorisation must be available for inspection

(1)A person conducting an activity under a permission must—

(a)have the following available for inspection—

(i)for the holder of the permission—the permission or a copy of the permission;

(ii)for a person to whom an authorisation is given under section 43—the authorisation or a copy of the authorisation; and

(b)if asked by an inspector, produce the permission, authorisation or copy for inspection by the inspector, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)For this section, a copy of the relevant details of a permission is taken to be a copy of the permission.

(3)In this section—

relevant details, of a permission, means the details needed to identify each of the following matters—

(a)if the number for the permission is stated on the permission—the number;

(b)the name of the holder of the permission;

(c)the term of the permission;

(d)the marine park, or the part of a marine park, to which the permission applies;

(e)the activity authorised under the permission.

Division 6 Transfer of permission

46   Application to transfer permission

(1)The holder of a permission, including a permission continued in force under section 40, may, under this division, transfer the permission to another person.

(2)The holder and the proposed transferee must apply to the chief executive to approve the transfer.

(3)The transfer application must be—

(a)in the approved form; and

(b)signed by the holder and the proposed transferee; and

(c)given to the chief executive at least 20 business days before the day on which the transfer is intended to take effect; and

(d)if the permission forms a part of a joint permission and the holder of the permission has not, under the Commonwealth Act, paid a fee for the transfer of the Commonwealth permission that forms the other part of the joint permission—accompanied by the relevant transfer fee.

(4)This section does not apply to a permission that has been suspended under this regulation.

(5)In this section—

relevant transfer fee, for a permission that forms part of a joint permission, means an amount that is the same as the amount of the fee that is payable under the Commonwealth Act for the transfer of the Commonwealth permission that forms the other part of the joint permission.

Note—

For the amount of the fee that is payable for the transfer of a Commonwealth permission, see the Great Barrier Reef Marine Park Regulations 1983 (Cwlth), section 134.

46A   Restriction on particular transfers

The holder of a permission that authorises the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park may transfer the permission only to a person mentioned in section 18(3)(a).

47   Considering transfer application

In considering a transfer application, the chief executive must have regard to each of the following—

(a)whether the proposed transferee is a suitable person to hold the permission;

(b)whether the holder of the permission, or the proposed transferee, owes any fee or other amount payable under the Act;

(c)if the permission authorises the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—whether the proposed transferee is a person mentioned in section 18(3)(a);

(d)if the application relates to an undeveloped project, the cost of which will be significant—the capacity of the proposed transferee to satisfactorily develop the project;

(e)all matters relevant to ensuring the orderly and proper management of the marine park to which the permission applies.

48   Chief executive’s power to require further information

(1)Before deciding a transfer application, the chief executive may, by notice given to the holder of the permission or the proposed transferee, ask the holder or proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application.

(2)The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within the reasonable period of at least 20 business days stated in the notice.

(3)The chief executive may extend the period within which the information must be given.

49   Deciding transfer application

(1)The chief executive must decide a transfer application within 20 business days after the chief executive—

(a)receives the application; or

(b)if the chief executive has asked for further information under section 48—receives the information.

(2)The chief executive may approve the transfer of a permission only if the chief executive is satisfied the proposed transferee is a suitable person to hold the permission.

(3)If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permission and the proposed transferee an information notice about the decision.

50   Steps to be taken after transfer approved

(1)This section applies if the chief executive decides to approve the transfer of a permission under section 49.

(2)The chief executive must cancel the permission and give the proposed transferee a new permission—

(a)authorising the same activity as the cancelled permission immediately before it was cancelled under this section; and

(b)with a term—

(i)starting on the later of the following days (the transfer day)—

(A)the day the application is decided;

(B)the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and

(ii)ending on the day the cancelled permission would have ended if it were not cancelled under this section; and

(c)subject to the same conditions as the cancelled permission immediately before it was cancelled under this section.

(3)Despite subsection (2)(c), the chief executive may impose a new or different condition on the new permission if—

(a)the proposed transferee consents to the new or different condition; or

(b)it is 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 conducted under the permission; or

(c)it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.

51   Authorisations under transferred permission

(1)This section applies if—

(a)an authorisation is given under a permission under section 43; and

(b)the permission is transferred to another person (the transferee) under this division.

(2)The authorisation continues in effect as if the authorisation were given by the transferee.

Part 4    Commercial activity agreements

Division 1 Restrictions about and contents of agreements

52   Chief executive may enter into agreement

(1)The chief executive may, for the State, enter into an agreement (a commercial activity agreement) with a person authorising the person to enter and use a marine park or a part of a marine park for conducting a commercial activity in the marine park or part.

(2)The chief executive may enter into the agreement in any 1 or more of the following ways—

(a)by using an expression of interest process under division 2 for entering into the agreement;

(b)by using an application process under division 3 for entering into the agreement;

(c)by entering into the agreement with the holder of a permission that authorises the holder to enter and use the marine park or part for conducting the activity in the marine park or part.

(3)The commercial activity agreement may be combined with either or both of the following—

(a)a commercial activity agreement entered into by the person under the Nature Conservation (Protected Areas Management) Regulation 2024, section 162;

(b)a commercial activity agreement entered into by the person under the Recreation Areas Management Act 2006, section 69.

53   Restrictions on entering into agreement—conservation of marine park

(1)A commercial activity agreement must be consistent with—

(a)the Act; and

(b)each zoning plan and management plan applying to the marine park to which it applies; and

(c)the use and non-use values of the marine park to which it applies.

(2)A commercial activity agreement can not—

(a)authorise a person to enter or use a marine park, or a part of a marine park, for a prohibited purpose for the marine park or part; or

(b)create an interest in tidal land in a marine park; or

(c)authorise the carrying out of major earthworks, or the installation of a permanent structure, in a marine park.

(3)In this section—

major earthworks means earthworks that cause a major disturbance to the natural or cultural resources in a marine park.

Examples of major earthworks—

construction of a drainage channel, dredging

54   Restrictions on entering into agreement—suitability of other party

The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied the person is a suitable person to be a party to the agreement.

55   Restrictions on entering into agreement—insurance

(1)The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied there is adequate insurance cover for the activities authorised under the agreement.

(2)However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.

56   Content of agreement

(1)A commercial activity agreement must be written and include each of the following details—

(a)the name of the marine park to which it applies;

(b)if the agreement applies to a zone or designated area of a marine park—the name of the zone or area;

(c)the date the agreement is entered into;

(d)its term;

(e)the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN;

(f)the person’s place of business;

(g)the activities authorised under the agreement;

(h)any conditions of the agreement;

(i)the amount payable to the State under the agreement, or a way of working out the amount.

(2)Subsection (1) does not limit the matters that may be included in the agreement.

(3)The parties to the agreement may, by agreement, amend it at any time.

Note—

See also division 5 for provisions about amendment, suspension and cancellation of commercial activity agreements.

57   Mandatory conditions of agreement

(1)This section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of the Act.

Note—

See section 5 of the Actfor the Act’s purpose and how it is to be achieved.

(2)The chief executive must not enter into the agreement unless—

(a)the agreement is made subject to the condition; and

(b)the agreement identifies the condition as a conservation condition and states that a breach of the condition is an offence against section 58.

58   Compliance with conservation conditions

(1)A person acting under a commercial activity agreement must comply with each conservation condition of the agreement.

Maximum penalty—80 penalty units.

(2)In this section—

conservation condition, of a commercial activity agreement, means a condition that, under section 57, is identified as a conservation condition of the agreement.

Division 2 Expression of interest process

59   Application of division

This division applies if the chief executive decides to use an expression of interest process for entering into a commercial activity agreement for the conducting of a commercial activity in a marine park or a part of a marine park.

60   Invitation for expressions of interest

(1)The chief executive may invite expressions of interest for a commercial activity agreement for the activity for the marine park or part from—

(a)only the holders of a permission authorising the conducting of the activity in the marine park or part; or

(b)the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.

(2)The invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the persons to be invited to submit an expression of interest—

(a)are made aware that the process is being conducted; and

(b)have enough time to make an appropriate expression of interest.

(3)The invitation must state each of the following—

(a)the commercial activity and the marine park, or the part of a marine park, that will be the subject of the agreement;

(b)if the commercial activity is a prescribed commercial activity for the marine park or part—

(i)that the commercial activity is a prescribed commercial activity for the marine park or part; and

(ii)that, under section 127, a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement;

(c)if the expression of interest process is open to only the holders of a permission authorising the conducting of the activity for the marine park or part—that only those holders may submit an expression of interest for the agreement;

(d)how the expression of interest may be submitted to the chief executive;

(e)when the expression of interest must be submitted to the chief executive;

(f)that details of each of the following are available at a stated place—

(i)the matters the chief executive will consider to decide whether to enter into the agreement;

(ii)any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.

61   Requirements for expression of interest

An expression of interest for a commercial activity agreement must be—

(a)written; and

(b)submitted in the way, and by the day and time, stated in the invitation under section 60.

62   Requirements for process

(1)Subject to the restrictions about entering into a commercial activity agreement mentioned in division 1, any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement.

(2)However, in considering an expression of interest, the chief executive must have regard to—

(a)the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and

(b)any other matter the chief executive reasonably considers relevant.

Note—

See part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park.

63   Chief executive may request further information

(1)Without limiting section 62(1), the chief executive may, by notice given to the submitter of an expression of interest, ask the submitter to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice.

(2)If the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day—

(a)the expression of interest is taken to have been withdrawn; and

(b)the chief executive must give the submitter a notice stating that—

(i)under this section the expression of interest is taken to be withdrawn; and

(ii)the submitter may submit another expression of interest.

(3)The chief executive may extend the period within which the information must be given.

64   Amending expression of interest

If the chief executive agrees, the submitter of an expression of interest may amend it before the chief executive has finished considering it.

65   Notice to unsuccessful submitters

The chief executive must, within 10 business days after making a decision under section 62, give each unsuccessful submitter of an expression of interest notice of the decision.

Division 3 Application process

66   Application of division

This division applies if the chief executive decides to use an application process for entering into a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park.

67   Applying for agreement

(1)A person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park.

(2)The application must—

(a)be in the approved form; and

(b)be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2; and

(c)comply with any other requirements for the application under a zoning plan applying to the marine park.

68   Matters to which chief executive must have regard

In considering the application, the chief executive must have regard to—

(a)the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and

(b)any other matter the chief executive reasonably considers relevant.

Note—

See part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park.

69   Chief executive may request further information

(1)The chief executive may, by notice given to the applicant, ask the applicant to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice.

(2)If the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day—

(a)the application is taken to have been withdrawn; and

(b)the chief executive must give the applicant a notice stating—

(i)under this section, the application is taken to be withdrawn; and

(ii)the applicant may make a new application.

(3)The chief executive may extend the period within which the information must be given.

70   Amending application

If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

71   Chief executive may request public notice of application

(1)This section applies if the chief executive considers entering into a commercial activity agreement and the subject of the application may restrict the reasonable use of a marine park, or a part of a marine park, by persons other than the applicant.

(2)The chief executive may give the applicant a notice stating—

(a)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; and

(c)the number of times, being not more than 2, the public notice must be given.

(3)The applicant must give the public notice and ensure it—

(a)includes the stated information; and

(b)invites interested persons to make written submissions to the chief executive, in relation to the application—

(i)at an address stated in the notice; and

(ii)within a stated period of at least 20 business days.

(4)Before deciding whether or not to further negotiate toward entering into the agreement, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period.

(5)The applicant is taken to have withdrawn the application if the applicant does not comply with—

(a)a notice given under subsection (2); or

(b)the requirements for giving the public notice under subsection (3).

72   Negotiating application for agreement

(1)The chief executive must consider each application for a commercial activity agreement and decide—

(a)to negotiate the signing of a commercial activity agreement for the application; or

(b)to refuse to negotiate the signing of a commercial activity agreement for the application.

(2)The chief executive must give the applicant a notice of the decision within 10 business days after making the decision.

(3)If the decision is a refusal under subsection (1)(b), the notice must be an information notice.

73   Steps to be taken after application decided

(1)If, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant.

(2)If, after negotiation, the chief executive decides to refuse to enter into the commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice about the decision.

Division 4 Requirements applying to and nature of agreements

74   Term and review of agreements

(1)A commercial activity agreement must not be for a term longer than 15 years from the day the agreement starts.

(2)The agreement may allow for the term of the agreement to be extended at any time, as long as the term of the agreement is not, at any time, longer than 15 years.

(3)The agreement may also provide for—

(a)a review of the agreement to be conducted at stated intervals; and

(b)the matters to be considered at the review.

75   Nature of agreement

A commercial activity agreement—

(a)authorises the party to the agreement other than the chief executive (the other party to the agreement) to enter and use the marine park, or the part of a marine park, stated in the agreement for conducting, subject to the conditions stated in the agreement, the commercial activity stated in the agreement; and

(b)may be transferred in the way mentioned in division 6.

Division 5 Amendment, suspension and cancellation of agreement by chief executive

76   Immediate amendment or suspension for safety or conservation

(1)This section applies if—

(a)the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended—

(i)to secure the safety of a person or a person’s property; or

(ii)because of a cyclone or other natural disaster; or

(iii)to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or

(b)the area to which a commercial activity agreement applies is declared, after the agreement was entered into, to be a restricted access area.

(2)The chief executive must, in writing, or verbally if practicable, or by signs, advise the other party to the agreement that until the chief executive otherwise decides—

(a)the agreement is amended in the way the chief executive advises; or

(b)the authorisation under the agreement is suspended to the extent the chief executive advises.

(3)If the chief executive acts under subsection (2), the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.

(4)The effect of an amendment under this section does not depend on the amendment being noted on the agreement.

(5)The chief executive must as soon as practicable after the amendment or suspension ends—

(a)in writing, or verbally if practicable, or by signs, advise the other party that the amendment or suspension no longer applies; and

(b)put a notice on the department’s website advising that the amendment or suspension no longer applies.

77   Non-immediate amendment

The chief executive may, by complying with section 78, amend a commercial activity agreement—

(a)for a reason for which the agreement may be amended or suspended under section 76; or

(b)if the chief executive reasonably believes—

(i)the agreement was entered into on the basis of incorrect or misleading information; or

(ii)the other party to the agreement has contravened a condition of the agreement; or

(iii)the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement; or

(iv)the amendment is necessary having regard to the purpose of the Act; or

(c)if the other party to the agreement is convicted of an offence against the Act and the activities of the other party that led to the conviction are relevant to the other party’s ability to conduct activities under the agreement in a competent or ethical way.

78   Procedure for non-immediate amendment

(1)If the chief executive proposes to make an amendment under section 77, the chief executive must give the other party to the agreement a notice stating each of the following—

(a)the proposed amendment;

(b)the ground for the proposed amendment;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.

(2)If, after considering any written submissions made within the stated period, the chief executive still considers the amendment should be made, the chief executive may amend the agreement—

(a)in the way stated in the notice; or

(b)in another way, having regard to the submissions.

(3)If the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.

(4)The amendment takes effect on the later of the following days—

(a)the day the information notice is given to the other party;

(b)the day of effect stated in the information notice.

(5)The effect of the amendment does not depend on the amendment being noted on the agreement.

(6)If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party notice of the decision.

79   Amendment by application

(1)The other party to a commercial activity agreement may apply to the chief executive for an amendment of the agreement.

(2)The application must—

(a)be in the approved form; and

(b)be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2; and

(c)comply with any other requirements for the application under a zoning plan applying to the marine park.

(3)If the chief executive decides to make the amendment, the chief executive must give the other party notice of the amendment.

(4)The amendment takes effect on the later of the following days—

(a)the day the notice is given to the other party;

(b)the day of effect stated in the notice.

(5)The effect of the amendment does not depend on the amendment being noted on the agreement.

(6)If the chief executive decides not to make the amendment, the chief executive must, as soon as practicable after making the decision, give the other party an information notice about the decision.

80   Non-immediate cancellation or suspension

The chief executive may, by complying with section 81, cancel a commercial activity agreement or suspend an authorisation under a commercial activity agreement—

(a)for a reason for which the agreement may be amended under section 76; or

(b)if the purpose for which entry or use of a marine park, or a part of a marine park, is authorised under the agreement is prescribed as a prohibited purpose for the marine park or part; or

(c)if the chief reasonably believes the activities being conducted under the agreement are having an unacceptable impact on the use and non-use values of a marine park; or

(d)if the chief executive reasonably believes the activities being conducted under the agreement are threatening public health or safety; or

(e)if the chief executive reasonably believes the cancellation or suspension is necessary to ensure the fair and equitable access to the marine park to which it applies.

Example for paragraph (e)—

Environmental factors have affected the availability of public access to the marine park to which the commercial activity agreement applies and the agreement restricts the current availability of public access to the marine park.

81   Procedure for non-immediate cancellation or suspension

(1)If the chief executive proposes to take action (the proposed action) under section 80, the chief executive must give the other party to the agreement a notice stating each of the following—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is suspension of the agreement—the proposed suspension period;

(e)an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.

(2)If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—

(a)if the proposed action was to suspend the authorisation under the agreement—to suspend it for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the agreement—either to cancel the agreement or to suspend the authorisation under it for a period.

(3)If the chief executive decides to cancel the agreement, or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.

(4)The cancellation or suspension takes effect on the later of the following days—

(a)the day the information notice is given to the other party to the agreement;

(b)the day of effect stated in the information notice.

(5)If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement notice of the decision.

(6)If a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.

(7)If the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.

Division 6 Transfer of authorisation under agreement

82   Application to transfer agreement

(1)The other party to a commercial activity agreement (the seller) may transfer the authorisation under the agreement to another person (the buyer).

(2)The seller and the buyer must apply to the chief executive to—

(a)approve the transfer; and

(b)if the chief executive approves the transfer, give effect to the transfer under this division.

83   Deciding transfer application

(1)The chief executive may approve the transfer only if—

(a)the chief executive is satisfied the buyer is a suitable person to be a party to the commercial activity agreement the subject of the authorisation; and

(b)if the authorisation allows the buyer to conduct a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—the buyer is a person mentioned in section 18(3)(a).

(2)If the chief executive refuses to approve a transfer, the chief executive must give the seller and the buyer an information notice about the decision.

84   Giving effect to transfer

(1)This section applies if—

(a)the chief executive approves the transfer; and

(b)all amounts payable by the seller under the seller’s commercial activity agreement have been paid.

(2)If the seller transfers all of the authorisation under the agreement, the chief executive must give effect to the transfer by cancelling the seller’s agreement and—

(a)if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or

(b)if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.

(3)If the seller transfers only part of the authorisation under the agreement, the chief executive must give effect to the transfer by amending the seller’s commercial activity agreement to reflect the transfer and—

(a)if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or

(b)if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.

Division 7 Inspection of agreement or copy

85   Agreement or copy must be available for inspection

(1)A person acting under a commercial activity agreement must—

(a)have the following available for inspection—

(i)for a person who is a party to the agreement—the agreement, a copy of the agreement or a copy of the relevant details for the agreement;

(ii)for a person who is not a party to the agreement—a copy of the agreement, or a copy of the relevant details for the agreement, endorsed by a party to the agreement with that person’s name and residential address; and

(b)if asked by an inspector, produce the agreement or copy for inspection by the inspector, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)In this section—

relevant details, for a commercial activity agreement, means the details needed to identify the following matters—

(a)the names of the parties to the agreement;

(b)the date on which the agreement was entered into;

(c)the marine park, or the part of the marine park, to which the agreement applies;

(d)the activity authorised under the agreement.

Part 5    Accreditations

Division 1 Accreditation of external authority as corresponding authority

86   Accreditation of external authority

(1)Subject to section 87, the chief executive may, by gazette notice, accredit an external authority as a corresponding authority for a marine park or a part of a marine park.

(2)The notice must state—

(a)the external authority is accredited as a corresponding authority for the marine park or part; and

(b)the corresponding authority is an authority for the purposes of the Act.

87   Limitations on accreditation of external authority

(1)The chief executive can not accredit an external authority as a corresponding authority for a marine park, or a part of a marine park, if the authority—

(a)authorises a person to enter or use the marine park or part for a prohibited purpose for the marine park or part; or

(b)authorises an activity to be conducted in a zone or designated area that is inconsistent with the objects to be achieved for the zone or area.

(2)The chief executive may accredit an external authority as a corresponding authority for a marine park, or a part of a marine park, only if the chief executive is satisfied the process for issuing the external authority to a person includes consideration of the person’s ability to conduct activities under the external authority in a competent and ethical way.

(3)Despite subsection (2), the chief executive may accredit an external authority held by a particular person as a corresponding authority for a marine park, or a part of a marine park, if the chief executive is satisfied the person would, if the person applied under part 3 for a permission for conducting the activity authorised under the external authority in the marine park or part, be a suitable person to hold the permission.

88   Notice of accreditation to be available on website

The chief executive must make a copy of the gazette notice accrediting an external authority as a corresponding authority available for inspection by the public on the department’s website.

89   Amendment of accreditation of external authority

(1)The chief executive may, by gazette notice, amend an accreditation of an external authority as a corresponding authority for a marine park, or a part of a marine park, to change—

(a)the part of the marine park to which the accreditation applies; or

(b)the purpose for entry or use of the marine park or part.

(2)However, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary—

(a)in the interests of managing the marine park; or

(b)because the arrangements applying to the entry or use of the marine park or part under the external authority are not adequate, or are not being adequately implemented or followed.

(3)The notice must state 1 or both of the following—

(a)if the part of the marine park is amended—the part of the marine park for which the external authority will be accredited as a corresponding authority after the amendment;

(b)if the purpose for entry or use is amended—the purpose for entry or use of the marine park or part after the amendment.

90   Cancellation of accreditation of external authority

(1)The chief executive may, by gazette notice, cancel an accreditation of an external authority as a corresponding authority for a marine park, or a part of a marine park, if—

(a)the purpose for which the entry or use of the marine park or part is authorised by the external authority becomes a prohibited purpose for the marine park or part; or

(b)the chief executive is satisfied—

(i)the accreditation of the external authority is no longer desirable in the interests of managing the marine park or part; or

(ii)the arrangements applying to the entry or use of the marine park or part under the external authority are no longer adequate, or are not being adequately implemented or followed.

(2)The notice must state the external authority is no longer accredited as a corresponding authority for the marine park or part.

91   Review of accreditation of external authority

(1)This section applies if—

(a)the chief executive has accredited, under this division, an external authority as a corresponding authority for a marine park or a part of a marine park; and

(b)a new zoning plan applying to the marine park is made.

(2)The chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 87, the external authority should still be accredited as a corresponding authority for the marine park or part.

(3)After reviewing the accreditation, the chief executive must do 1 of the following—

(a)leave the accreditation unchanged;

(b)replace the accreditation with a new accreditation;

(c)amend the accreditation;

(d)cancel the accreditation.

Division 2 Accreditation of external instrument as accredited instrument

92   Accreditation of external instrument

(1)This section applies to an external instrument that provides for how a particular activity should be conducted by a person in a marine park.

(2)Subject to section 93, the chief executive may, by gazette notice, accredit the instrument for a marine park or a part of a marine park.

(3)The notice must state—

(a)the instrument is an accredited instrument for the marine park or part; and

(b)that a person may, without an authority, enter or use the marine park or part for the activity to which the instrument applies if—

(i)the person complies with the requirements, in whatever form and however called, stated in the instrument; and

(ii)if the instrument only applies to persons who hold a licence, permit or other authority issued or given under another law of the State or a law of the Commonwealth or another State, the person—

(A)holds the licence, permit or authority; and

(B)complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.

93   Limitation on accreditation of external instrument

The chief executive may accredit an external instrument for a marine park, or a part of a marine park, only if the chief executive—

(a)has had regard to—

(i)the management arrangements for the entry or use of the marine park or part under the instrument; and

(ii)any other relevant matters; and

Example of a relevant matter—

a matter the chief executive must have regard to in considering an application for a permission for the marine park or part

(b)for a zoned marine park—is satisfied the accreditation is consistent with the zoning plan for the park.

94   Notice of accreditation and accredited instrument to be available on website

The chief executive must make a copy of the gazette notice accrediting an external instrument and of the accredited instrument available for inspection by the public on the department’s website.

95   Amendment of accreditation of external instrument

(1)The chief executive may, by gazette notice, amend an accreditation of an external instrument for a marine park or a part of a marine park to change the part of the marine park to which the accreditation applies.

(2)However, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary—

(a)in the interests of managing the marine park; or

(b)because the arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.

(3)The notice must state the part of the marine park for which the instrument will be an accredited instrument after the amendment.

96   Cancellation of accreditation of external instrument

(1)The chief executive may, by gazette notice, cancel an accreditation of an external instrument for a marine park or a part of a marine park if the chief executive is satisfied—

(a)the accreditation of the instrument is no longer desirable in the interests of managing the marine park or part; or

(b)the arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.

(a)the Marine Parks (Declaration) Regulation 2006, schedule 3, as in force immediately before the commencement, had not been repealed; and

(b)the repealed plan had not been repealed and the new plan had not been approved.

(3)This section stops applying at the end of 120 days after the commencement.

201    Existing application for permission for activity no longer requiring permission

(1)This section applies if—

(a)before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and

(b)immediately before the commencement, the application had not been withdrawn or decided; and

(c)on the commencement, the person is authorised, under the new plan, to do the following without a permission—

(i)enter the corresponding part of the new marine park to conduct the activity; or

(ii)conduct the activity in the corresponding part of the new marine park.

(2)On the commencement, the application is taken to have been withdrawn.

202    Existing application for permission for inconsistent activity

(1)This section applies if—

(a)before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and

(b)immediately before the commencement, the application had not been withdrawn or decided; and

(c)on the commencement—

(i)the activity is not authorised to be conducted under a permission in the corresponding part of the new marine park under the new plan; or

(ii)the granting of a permission to conduct the activity in the corresponding part of the new marine park would otherwise be inconsistent with the new plan.

(2)On the commencement, the application is taken to have been refused.

(3)This section does not apply in relation to an application to which section 201 applies.

203    Existing application for permission for activity authorised with permission

(1)This section applies if—

(a)before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and

(b)immediately before the commencement, the application had not been withdrawn or decided.

(2)On the commencement—

(a)the application is taken to be an application to conduct the activity in the corresponding part of the new marine park; and

(b)the new plan applies in relation to deciding the application.

(3)This section does not apply in relation to an application to which section 201 or 202 applies.

Subdivision 3 Commercial activity agreements

204   Existing commercial activity agreement

(1)This section applies to a commercial activity agreement—

(a)authorising a person to enter and use a part of the former marine park for conducting a commercial activity; and

(b)that was in effect immediately before the commencement.

(2)From the commencement, the commercial activity agreement continues in effect for conducting the commercial activity in the corresponding part of the new marine park until—

(a)the term of the agreement ends; or

(b)the authorisation for conducting the activity under the agreement is suspended; or

(c)the agreement is cancelled.

(3)The commercial activity agreement continues to have effect under subsection (2) as if—

(a)the Marine Parks (Declaration) Regulation 2006, schedule 3, as in force immediately before the commencement, had not been repealed; and

(b)the repealed plan had not been repealed and the new plan had not been approved.

(4)However, the commercial activity agreement does not authorise a person to enter or use the corresponding part of the new marine park for conducting a commercial activity to the extent the conduct of the activity in that part of the park would be inconsistent with the new plan.

205   Existing expression of interest process for commercial activity agreement

(1)This section applies if—

(a)before the commencement, the chief executive invited expressions of interest for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and

(b)immediately before the commencement, the chief executive had not decided which, if any, expressions of interest that were submitted should be further negotiated for signing a commercial activity agreement.

(2)From the commencement—

(a)any expression of interest submitted in response to the invitation is taken to be an expression of interest for conducting the commercial activity in the corresponding part of the new marine park; and

(b)the new plan applies in relation to deciding which expressions of interest should be further negotiated toward signing a commercial activity agreement.

206   Existing application for commercial activity agreement

(1)This section applies if—

(a)before the commencement, a person applied to the chief executive for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and

(b)immediately before the commencement, the chief executive had not made a decision about negotiating the signing of a commercial activity agreement for the application.

(2)On the commencement—

(a)the application is taken to be an application for a commercial activity agreement for conducting a commercial activity in the corresponding part of the new marine park; and

(b)the new plan applies in relation to deciding the application.

Subdivision 4 Particular notices

207   Existing regulatory notice

(1)This section applies if, immediately before the commencement, a regulatory notice applied to a part of the former marine park.

(2)From the commencement, the regulatory notice applies to the corresponding part of the new marine park while the notice is in effect.

208   Existing restricted access area notice

(1)This section applies if, immediately before the commencement, a restricted access area notice applied to a part of the former marine park.

(2)From the commencement, the restricted access area notice applies to the corresponding part of the new marine park until the notice is revoked.

209   Existing special activity notice

(1)This section applies if, immediately before the commencement, a special activity notice applied to a part of the former marine park.

(2)From the commencement, the special activity notice applies to the corresponding part of the new marine park until the notice is revoked.

Subdivision 5 Other matters

210   References to part of former marine park in a document

(1)This section applies to a reference to a part of the former marine park in a document mentioned in any of subdivisions 2 to 4 or another document.

(2)The reference may, if the context permits, be taken to be a reference to the corresponding part of the new marine park.

Division 3 [Repealed]

Division 4 [Repealed]

Division 5 [Repealed]

Division 6 [Repealed]

Schedule 1 Objects to be achieved for zones of marine parks

section 6

1   General use zone

The objects to be achieved for the general use zone are—

(a)to provide for the conservation of the areas of the marine park within the zone; and

(b)subject to the object mentioned in paragraph (a), to provide opportunities for reasonable use of the areas.

2   Habitat protection zone

The objects to be achieved for the habitat protection zone are—

(a)to provide for the conservation of the areas of the marine park within the zone through the protection and management of sensitive habitats that are generally free from potentially damaging activities; and

(b)subject to the object mentioned in paragraph (a), to provide opportunities for reasonable use of the areas.

3   Estuarine conservation zone

The objects to be achieved for the estuarine conservation zone are—

(a)to provide for the protection of the natural integrity and values of the areas of the marine park within the zone; and

(b)subject to the object mentioned in paragraph (a), to provide opportunities for—

(i)the presentation of the values of the relatively undisturbed areas of the marine park within the zone; and

(ii)the continuation of existing fishing use in the areas of the marine park within the zone.

4   Conservation park zone

The objects to be achieved for the conservation park zone are—

(a)to provide for the conservation of the areas of the marine park within the zone; and

(b)subject to the object mentioned in paragraph (a), to provide opportunities for reasonable use and enjoyment, including, for example, limited extractive use, of the areas.

5   Buffer zone

(1)The objects to be achieved for the buffer zone are—

(a)to provide for the protection of the natural integrity and values of the areas of the marine park that are generally free from extractive activities and are within the zone; and

(b)subject to the object mentioned in paragraph (a), to provide opportunities for—

(i)particular activities, including, for example, the presentation of the values of the marine park, to be undertaken in relatively undisturbed areas within the zone; and

(ii)trolling for pelagic species in the areas of the marine park within the zone.

(2)In this section—

pelagic species means—

(a)a species in any of the following families—

(i)Carangidae;

(ii)Coryphaenidae;

(iii)Sphyraenidae;

(iv)Istiophoridae;

(v)Scombridae; or

(b)a species in either of the following genera—

(i)Aphareus;

(ii)Aprion; or

(c)Rachycentron canadum; or

(d)Xiphias gladius.

trolling—

1

Trolling is fishing with a line or lines trailed behind a vessel that is under way—

(a)using not more than 3 lines for each person on the vessel; and

(b)with not more than 6 hooks in total for each person.

2For paragraph 1, a vessel is under way only if it is being propelled through the water in a forward direction, whether by engine, sail or human power, and is not adrift.

6   Scientific research zone

The objects to be achieved for the scientific research zone are—

(a)to provide for the protection of the natural integrity and values of the areas of the marine park that are generally free from extractive activities and that are within the zone; and

(b)subject to the object mentioned in paragraph (a), to provide opportunities for scientific research to be undertaken in relatively undisturbed areas within the zone.

7   Marine national park zone

The objects to be achieved for the marine national park zone are—

(a)to provide for the protection of the natural integrity and values of the areas of the marine park that are generally free from extractive activities and that are within the zone; and

(b)subject to the object mentioned in paragraph (a), to provide opportunities for particular activities, including, for example, the presentation of the values of the marine park, to be undertaken in relatively undisturbed areas within the zone.

8   Preservation zone

The object to be achieved for the preservation zone is to provide for the protection of the natural integrity and values of the areas of the marine park that are generally undisturbed by human activities and that are within the zone.

Schedule 2 Information that must be included in application for or amendment of permission or commercial activity agreement

sections 8, 26, 67 and 79

1   Application of schedule

This schedule applies to an application for—

(a)a permission under section 8; or

(b)an amendment of a permission (a permission amendment) under section 26; or

(c)a commercial activity agreement under section 67; or

(d)an amendment of a commercial activity agreement (an agreement amendment) under section 79.

2   Information required

An application mentioned in section 1 must include all of the following information—

(a)the marine park, or the part of a marine park, for which the permission, permission amendment, commercial activity agreement or agreement amendment is sought;

(b)if a zone or designated area of a marine park is to be entered or used under the permission, permission amendment, commercial activity agreement or agreement amendment—the name of the zone or area;

(c)the proposed purpose for which the marine park or part is to be entered or used;

(d)the proposed place of entry, proposed movements within the marine park or part and the places proposed to be used for the proposed purpose;

(e)the period for which the permission, permission amendment, commercial activity agreement or agreement amendment is sought;

(f)the means of transport proposed to be used for the entry to, use of, and departure from the marine park or part;

(g)the equipment proposed to be used within the marine park or part;

(h)any other information required to be included in the application under a zoning plan applying to the marine park.

3   Additional information for taking natural or cultural resources

An application for a permission, permission amendment, commercial activity agreement or agreement amendment for taking natural or cultural resources in a marine park, or a part of a marine park, must also include all of the following information—

(a)the purpose of the taking;

(b)a brief description of the nature of the taking, including, in particular—

(i)the number, quantity and description of any specimens of animals, plants or other marine resource to be taken; and

(ii)the methods to be used for taking the specimens;

(c)if the taking is for research—

(i)a description of the sequence and location of any fieldwork to be conducted in the marine park or part; and

(ii)an explanation of the experimental design and methods of analysis to be used in the research; and

(d)the proposed frequency and duration of visits to the marine park or part for the taking.

Schedule 3 Fees payable under Act for GBR Coast Marine Park

sections 173(3), definition F, and  174(1)

Part 1    Application for a new permission authorising the conducting of a commercial activity

$
1	Application for a new permission authorising the conducting of a commercial activity requiring the use of an aircraft or vessel with a maximum capacity of—
(a)  1–24 passengers	520.00
(b)  25–50 passengers	750.00
(c)  51–100 passengers	1,360.00
(d)  101–150 passengers	2,260.00
(e)  151 or more passengers	3,780.00
2	Application for a new permission authorising the conducting of a commercial activity requiring the use of a facility or structure within the GBR Coast Marine Park	1,660.00
3	Application for a new permission authorising the conducting of a commercial activity for which public notice is required to be given	6,040.00
4	Application for a new permission authorising the conducting of a commercial activity for which an environmental impact statement must be prepared	81,670.00
5	Application for a new permission authorising the conducting of another commercial activity	520.00

Part 2    Application for a continuation of a permission authorising the conducting of a commercial activity

$
1	Application for a continuation of a permission authorising the conducting of a commercial activity requiring the use of an aircraft or vessel with a maximum capacity of—
(a)  1 to 24 passengers	520.00
(b)  25 to 50 passengers	600.00
(c)  51 to 100 passengers	830.00
(d)  101 to 150 passengers	1,200.00
(e)  151 or more passengers	1,510.00
2	Application for a continuation of a permission authorising the conducting of a commercial activity requiring the use of a facility or structure in the GBR Coast Marine Park	1,660.00
3	Application for a continuation of a permission authorising the conducting of a commercial activity for which public notice is required to be given	2,260.00
4	Application for a continuation of a permission authorising the conducting of a commercial activity for which an environmental impact statement was prepared when the permission was granted—
(a)  if no additional environmental impact statement is required to be prepared for the activity	3,780.00
(b)  if an additional environmental impact statement is required to be prepared for the activity	81,670.00
5	Application for a continuation of a permission authorising the conducting of another commercial activity	520.00

Schedule 4 Fees payable for other marine parks

section 177

Fee units
1	Application under section 8 for a permission to conduct a commercial whale watching program, for a vessel with a length of—
(a)  not more than 15m	882.00
(b)  more than 15m but not more than 20m	1,416.00
(c)  more than 20m	2,664.00
2	Additional daily fee for a permission authorising the conducting of a commercial whale watching program, for each passenger—
(a)  younger than 5 years	nil
(b)  5 years or older but younger than 15 years	2.02
(c)  15 years or older	3.75

Schedule 5 Matters for deciding whether person is a suitable person

schedule 6, definition suitable person

1   Definitions for schedule

In this schedule—

associated person, of a person who is being considered as suitable or not suitable to hold a permission or be a party to a commercial activity agreement, means—

(a)if the person being considered is a corporation—each executive officer of the corporation; or

(b)if the person being considered is an individual—another person who—

(i)is, or will be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or will relate, to the permission or agreement; or

(ii)regularly directs staff of the activity or business in their duties; or

(iii)is, or will be, in a position to control or substantially influence the activity or business, or proposed activity or business.

relevant day means—

(a)in relation to deciding whether or not an applicant for a permission is a suitable person to hold the permission—the day the person applied for the permission under part 3 of this regulation; or

(b)in relation to deciding whether or not the proposed transferee for an application for the approval of the transfer of a permission is a suitable person to hold the permission—the day the application for the transfer is made under section 46; or

(c)in relation to deciding whether or not the holder of a permission is not, or is no longer, a suitable person to hold the permission—the day the decision is made; or

(d)in relation to deciding whether or not a submitter of an expression of interest, or an applicant, for a commercial activity agreement is a suitable person to be a party to the agreement—the day the person submitted the expression of interest or made the application under part 4 of this regulation; or

(e)in relation to deciding whether or not the holder of a permission with whom the chief executive proposes to enter into a commercial activity agreement under section 52(2)(c) is a suitable person to be a party to the agreement—the day the decision is made; or

(f)in relation to deciding whether or not the buyer for the approval of the transfer of an authorisation under a commercial activity agreement is a suitable person to be a party to a commercial activity agreement—the day the application for the approval of the transfer is made under section 82; or

(g)in relation to deciding whether or not the other party to a commercial activity agreement is not, or is no longer, a suitable person to be a party to the agreement—the day the decision is made.

2   Matters to which chief executive may have regard

In deciding whether a person is a suitable person to hold a permission or be a party to a commercial activity agreement, the chief executive may have regard to any matter relevant to the person’s ability to conduct activities under the permission or agreement in a competent and ethical way.

3   When person not a suitable person—previous cancellations or suspensions

(1)A person is not a suitable person to hold a permission, or be a party to a commercial activity agreement, if either of the following circumstances exist—

(a)the person, or an associated person of the person, has previously held a permission, or been a party to a commercial activity agreement, and the permission or agreement was cancelled in the 3 years immediately before the relevant day;

(b)the person, or an associated person of the person, has previously held a corresponding authority and the authority was suspended or cancelled in the 3 years immediately before the relevant day.

(2)However, subsection (1) applies only if the chief executive is satisfied the circumstances are relevant to the person’s ability to conduct activities under the permission or agreement in a competent and ethical way.

4   When person not a suitable person—convictions

(1)A person is not a suitable person to hold a permission, or be a party to a commercial activity agreement, if the person, or an associated person of the person, has, in the 3 years immediately before the relevant day, been convicted of—

(a)an offence against the Act; or

(b)an offence against the expired Marine Parks Regulation 2006 as in force at any time before the commencement; or

(c)an offence against the Nature Conservation Act 1992 relating to a protected area or wildlife; or

(d)an offence against the Recreation Areas Management Act 2006 relating to a recreation area; or

(e)an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or

(f)an offence, however described, equivalent to an offence mentioned in paragraphs (a) to (d) in another State or country.

(2)However, subsection (1) applies only if the chief executive is satisfied the activity of the person that led to the person’s conviction is of the same nature as the activity for which the permission or agreement is sought.

Schedule 6 Dictionary

section 3

2006 regulation means the Marine Parks Regulation 2006 as in force immediately before the commencement.

ABN means ABN (Australian Business Number) under the A New Tax System (Australian Business Number) Act 1999 (Cwlth), section 41.

accredited authorisation process, for an activity in a marine park or a part of a marine park, means an authorisation process accredited under part 5, division 5 for the activity in the marine park or a part.

accredited educational institution, for a marine park or a part of a marine park, means an educational institution accredited under part 5, division 3 for the marine park or part.

accredited harvest fishery means a harvest fishery accredited under part 5, division 4.

accredited instrument, for a marine park or a part of a marine park, means an external instrument accredited under part 5, division 2 for the marine park or part.

accredited management arrangement, for an activity in a marine park or a part of a marine park, means a management arrangement accredited under part 5, division 5 for the activity in the marine park or a part.

accredited research institution, for a marine park or a part of a marine park, means a research institution accredited under part 5, division 3 for the marine park or part.

ACN means ACN (Australian Company Number) under the Corporations Act, section 9.

agreement amendment see schedule 2, section 1(d).

aircraft includes a helicopter.

application for a continuation of a permission means an application by the holder of an existing permission that—

(a)is for a permission—

(i)to conduct the activity authorised under the existing permission in the marine park, or a part of a marine park, to which the existing permission applies; and

(ii)that is intended to commence immediately after the expiry of the existing permission; and

(b)is made before the existing permission expires.

application for a new permission means an application for a permission that is not an application for a continuation of a permission.

associated person, for schedule 5, see schedule 5, section 1.

authorisation, under a commercial activity agreement, means—

(a)the commercial activity authorised to be conducted under the agreement; and

(b)the obligations under the agreement for, and the conditions relating to, the conduct of the activity.

authorisation process means a process set out in a law of the State, or a law of the Commonwealth or another State, under which actions are authorised.

buyer, in relation to an application for the approval of the transfer of an authorisation under a commercial activity agreement, see section 82(1).

commercial activity agreement see section 52(1).

commercial whale watching program means a business operation involving carrying people in a boat or aircraft to watch whales.

Commonwealth marine park means the Great Barrier Reef Marine Park established under the Commonwealth Act.

Commonwealth permission means a permission granted under the Commonwealth Act.

department’s website means the department’s website on the internet.

deposit includes drop, leave, place and throw.

emergency means an event or situation that involves an imminent and definite threat requiring immediate action (whether before, during or after the event or situation), other than routine maintenance due to wear and tear.

Example of an action not done because of an emergency—

the carrying out, in winter, of works in anticipation of the next cyclone season

environmental impact statement includes an environmental impact statement, however called, required under another law of the State or a law of the Commonwealth or another State.

external authority means a licence, permit or other authority issued under another law of the State or a law of the Commonwealth or another State.

external instrument means—

(a)an instrument made under another law of the State or a law of the Commonwealth or another State; or

(b)another instrument made or prepared by, or for, a State or Commonwealth department or agency, including, for example, a policy, guideline or administrative arrangement; or

(c)another instrument made or prepared by, or for, a non-government entity that describes how an activity is to be conducted; or

(d)a part of an instrument mentioned in paragraph (a), (b) or (c).

GBR Coast Marine Park means the marine park mentioned and described in the Marine Parks (Declaration) Regulation 2006, schedule 2.

Great Sandy Marine Park means the marine park mentioned and described in the Marine Parks (Declaration) Regulation 2006, schedule 3.

harvest fishery means the taking of fish, crustaceans or invertebrates under the Fisheries Act 1994, if the taking happens in the fishery area of 1 of the following fisheries prescribed under that Act—

(a)the aquarium fish fishery;

(b)the sea cucumber fishery;

(c)the coral fishery;

(d)the commercial crayfish and rocklobster fishery;

(e)the pearl fishery;

(f)the shell fishery;

(g)the shell grit fishery;

(h)the star sand fishery;

(i)the trochus fishery;

(j)the beachworm fishery;

(k)the bloodworm fishery;

(l)the marine yabby fishery.

information notice, about a decision, means a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

(c)all rights of internal review under this regulation;

(d)the period in which any internal review under this regulation must be started;

(e)how rights of internal review under this regulation are to be exercised;

(f)that a person may apply, as provided under the QCAT Act, to QCAT for a stay of a decision the subject of an internal review.

insurance cover, for activities authorised under a permission or a commercial activity agreement, means a policy of insurance that insures the holder of the permission, or the other party to the agreement, against a claim for damage, injury or loss to a person, and damage to property, arising from the activities to be conducted under the permission or agreement.

internal review decision see section 168(1)(b).

joint permission means an instrument that includes—

(a)a permission; and

(b)a Commonwealth permission.

major impact activity means an activity that will cause, or is likely to cause—

(a)more than a minimal disturbance to natural resources in a marine park; or

(b)more than a minor alienation of parts of the marine park.

Examples of activities that could be major impact activities—

•building an air terminal or boat terminal

•building a breakwater, marina, runway, submarine pipeline or wharf

•conducting an aquaculture operation

•disposing of dredged material or discharging waste

•excavating or dredging

•filling

•reclamation works

Examples of activities that are generally not major impact activities—

•installation or removal of a boat ramp, buoy, jetty, pile or pontoon

•installation or maintenance of a sign that is an aid to navigation

management arrangement includes—

(a)a management plan; and

(b)a regime; and

(c)a policy.

marine resource means any naturally occurring material within the marine park including—

(a)material making up the seabed, for example, coral limestone, shell-grit or star sand; and

(b)seawater.

Moreton Bay Marine Park means the marine park mentioned and described in the Marine Parks (Declaration) Regulation 2006, schedule 1.

natural integrity, of an area of the marine park, means the area’s natural biodiversity and geodiversity and other natural processes and characteristics.

non-government entity means an entity that is not a State or Commonwealth department or agency.

notice means written notice.

notification see section 141.

other party, to a commercial activity agreement, see section 75.

permission amendment see schedule 2, section 1(b).

Point Lookout area, within the Moreton Bay Marine Park, see section 18(5).

prescribed commercial activity means a commercial activity declared to be a prescribed commercial activity for a marine park or a part of a marine park under section 126.

prescribed fee means a fee payable under part 11.

presentation, of the values of a place, means creating awareness and understanding of the natural significance of the place.

prohibited purpose, for a zoned marine park, see section 134.

proposed transferee, in relation to an application for the approval of the transfer of a permission, means the person to whom it is proposed to transfer the permission.

proposed use, for a marine park or a part of a marine park, for an applicant, means any activity the applicant proposes to conduct in the marine park or part, whether or not the activity is proposed to be conducted under a permission.

public health and safety act means an act, the regulation or prohibition of which the chief executive believes is necessary or desirable to diminish the risk of death, injury or illness of users of a marine park or adjacent areas.

public notice means a notice published in—

(a)a newspaper circulating generally in the area in which the marine park the subject of the notice is located; and

(b)a newspaper circulating throughout the State.

put out, a fire, includes reducing the heat of the fire to a point that ensures the fire can not be re-ignited or burn a person.

regulatory information notice see section 116(2).

regulatory notice see section 115(2).

relevant day, for schedule 5, see schedule 5, section 1.

relevant notice point, for an area of a marine park or a part of a marine park, means a point in, or near the entrance of, the marine park or part that the chief executive reasonably considers appropriate for erecting or displaying a regulatory notice, a regulatory information notice, restricted access area notice or special activity notice applying to the area, having regard to—

(a)the usual access points for the area; and

(b)the need to ensure persons accessing the area are aware of the notice.

restricted access area means a marine park, or a part of marine park, declared to be a restricted access area under section 119.

restricted access area notice see section 119(1).

reviewable decision means each of the following decisions of the chief executive—

(a)a decision for which an information notice must be given;

(b)a decision to refuse to give an approval under this regulation or a zoning plan;

(c)a decision to impose a condition on an approval given under this regulation or a zoning plan;

(d)a decision to refuse to grant an accreditation of a traditional use of marine resources agreement, or an educational or research institution, for the Moreton Bay Marine Park;

(e)a decision to amend, suspend or cancel an accreditation of a traditional use of marine resources agreement, or an educational or research institution, for the Moreton Bay Marine Park.

seller, in relation to an application for the approval of the transfer of an authorisation under a commercial activity agreement, see section 82(1).

sign, in relation to an area, includes a sign erected—

(a)at or near a usual access point to the area; or

(b)in a position that would normally be seen by a person accessing the area.

special activity, for a marine park or a part of a marine park, means an activity declared as a special activity for the marine park or part under section 128.

special activity notice see section 128(1).

specified cooking or heating appliance means a portable cooking or heating appliance that is self-contained and uses manufactured fuel, including, for example, refined oil or gas.

suitable person, to hold a permission or be a party to a commercial activity agreement, means a suitable person to hold the permission, or be a party to the agreement, having regard to the matters mentioned in schedule 5.

transfer application means an application for the approval of the transfer of a permission.

unzoned marine park means—

(a)a marine park to which no zoning plan applies; or

(b)a part of a marine park that is not in a zone.

waste includes offal and parts of a vehicle or vessel.

zoned marine park means—

(a)a marine park comprised entirely of zones; or

(b)a part of a marine park that is in a zone.