Great Barrier Reef Marine Park Amendment Act 1983

Legislation au C2004A02814 Not in force Act

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Great Barrier Reef Marine Park Amendment Act 1983

No. 97 of 1983

 

An Act to amend the Great Barrier Reef Marine Park Act 1975

[Assented to 22 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Great Barrier Reef Marine Park Amendment Act 1983.

(2) The Great Barrier Reef Marine Park Act 19751 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Functions of Authority

3. Section 7 of the Principal Act is amended—

(a) by inserting after paragraph (1) (c) the following paragraphs:

“(ca) to furnish information and advice to the Minister in respect of matters relating to the Marine Park, including—

(i) information and advice in relation to any agreement (including any proposed agreement) between the Commonwealth and Queensland on such matters;


(ii) information and advice on the following matters:

(a) whether the Commonwealth should grant financial assistance to Queensland in respect of a matter relating to the Marine Park;

(b) the amount and allocation of such assistance;

(c) the terms and conditions (if any) on which such assistance should be granted; and

(iii) information and advice on the following matters:

(a) whether it is desirable that Queensland should make a payment to the Authority in respect of a matter relating to the Marine Park;

(b) the amount and allocation of such payment;

(c) the terms and conditions (if any) on which such payment should be given;

(cb) to receive and disburse moneys appropriated by the Parliament for payment to the Authority for the purpose of payment of the moneys to Queensland by way of financial assistance to Queensland in respect of matters that relate to the Marine Park;

(cc) to receive and disburse moneys paid to the Authority by Queensland under an agreement between—

(i) the Commonwealth and Queensland;

(ii) Queensland and the Authority; or

(iii) the Commonwealth, Queensland and the Authority;”; and

(b) by inserting after sub-section (1) the following sub-section:

“(1a) For the purposes of this section but without limiting the generality of paragraph (1) (ca) or (cb), a matter shall be taken to relate to the Marine Park if it relates to—

(a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) the use or management of which would or might affect the Marine Park; or

(b) the use of a place outside the Marine Park for a purpose relating to the Marine Park.”.

Zoning plans to be laid before Parliament

4. (1) Section 33 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) Where a zoning plan has been accepted under section 32, the Minister shall cause it to be laid before both Houses of the Parliament as soon as practicable and not later than 15 sitting days after the day on which it was accepted.”; and

(b) by omitting from sub-sections (2) and (3) “20” and substituting “15”.


(2) The amendment made by paragraph (1) (a) applies only in relation to a zoning plan accepted after the commencement of this Act.

(3) The amendment made by paragraph (1) (b) applies only in relation to a zoning plan laid before a House of the Parliament after the commencement of this Act.

Application of moneys

5. Section 53 of the Principal Act is amended by inserting “, other than moneys referred to in section 54a or 54b,” after “Authority” (first occurring).

Estimates

6. Section 54 of the Principal Act is amended by inserting in sub-section (2) “, other than moneys referred to in section 54a or 54b,” after “Moneys”.

7. After section 54 of the Principal Act the following sections are inserted:

Financial assistance for Queensland

“54a. Where moneys appropriated by the Parliament for payment to the Authority for the purpose of payment of the moneys to Queensland by way of financial assistance to Queensland are paid to the Authority, the Authority shall, subject to any terms and conditions relating to the assistance, pay those moneys to Queensland.

Moneys paid by Queensland

“54b. Where, under an agreement referred to in paragraph 7 (1) (cc), moneys are paid by Queensland to the Authority for expenditure for a purpose, the Authority shall expend those moneys for that purpose and not otherwise.”.

Power to purchase and dispose of assets

8. Section 56 of the Principal Act is amended by inserting in paragraph (a) “(other than a contract with Queensland)” after “contract”.

Appropriate accounts to be kept

9. Section 57 of the Principal Act is amended by inserting “, including moneys referred to in section 54a or 54b,” after “Authority” (third occurring).

 

NOTE

1. No. 85, 1975, as amended. For previous amendments, see Nos. 36 and 140, 1978; No. 155, 1979; No. 70, 1980; and No. 80, 1982.

Overview

The Great Barrier Reef Marine Park Amendment Act 1983 was enacted to address gaps in the management and funding mechanisms for the Great Barrier Reef Marine Park. This Act amends the Great Barrier Reef Marine Park Act 1975, introducing provisions to enhance the collaborative efforts between the Commonwealth and Queensland in managing the Marine Park. The objective of the Act is to facilitate better financial arrangements and information sharing between the Great Barrier Reef Marine Park Authority and Queensland, ensuring that both entities can effectively manage the park's resources. The Act was passed by the Queen, in accordance with the Senate and the House of Representatives of the Commonwealth of Australia, aiming to strengthen the operational capabilities of the Marine Park Authority through improved financial provisions and accountability measures.

Scope and Application

The Great Barrier Reef Marine Park Amendment Act 1983 amends the Great Barrier Reef Marine Park Act 1975, extending the functions of the Great Barrier Reef Marine Park Authority to include providing information and advice to the Minister regarding matters related to the Marine Park, such as agreements between the Commonwealth and Queensland, financial assistance to Queensland, and payments from Queensland. The Act also mandates that zoning plans accepted after its commencement be laid before both Houses of Parliament within 15 sitting days. Additionally, it introduces provisions for the Authority to receive and disburse moneys appropriated for financial assistance to Queensland and for Queensland to pay the Authority for specific purposes. The Act applies to the Authority and its operations, and it extends to transactions involving financial assistance between the Authority and Queensland. The Act does not specify exclusions or thresholds, and its application may be further defined through subordinate instruments.

Key Provisions

The Great Barrier Reef Marine Park Amendment Act 1983 (section 3) extends the functions of the Authority to include providing information and advice to the Minister regarding matters relating to the Marine Park, such as agreements between the Commonwealth and Queensland, and the allocation and conditions of financial assistance or payments between these entities. The Authority is also tasked with disbursing moneys appropriated by Parliament for financial assistance to Queensland (section 54a) and managing funds paid by Queensland for specified purposes (section 54b). Moreover, the Act mandates that zoning plans accepted after its commencement must be laid before both Houses of Parliament within 15 sitting days (section 4). The obligations imposed on the Authority by the Act include furnishing timely information and advice to the Minister, managing financial transactions related to assistance to Queensland, and ensuring that any agreements or payments are conducted under the stipulated terms and conditions. Furthermore, the Authority must lay accepted zoning plans before Parliament within the specified timeframe, reflecting the legislative intent to maintain transparency and oversight in the management of the Marine Park. Breach of the obligations outlined in the Act could result in both civil and criminal consequences. For instance, failure to disburse funds as per section 54a or to expend funds from Queensland as per section 54b could be seen as non-compliance with statutory directives, potentially leading to legal action. Additionally, the failure to lay zoning plans before Parliament within the prescribed period could also attract penalties under the principal Act. The specific penalties are not detailed within the Act itself but would typically involve fines or other enforcement measures as determined by the relevant authorities.

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.