Great Barrier Reef Marine Park Amendment Act 1990
An Act to amend the Great Barrier Reef Marine Park Act 1975 for the better interpretation of zoning plans
[Assented to 16 June 1990]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the Great Barrier Reef Marine Park Amendment Act 1990.
(2) In this Act, “Principal Act” means the Great Barrier Reef Marine Park Act 19751.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
3. After section 3 of the Principal Act the following section is inserted:
Interpretation of zoning plans
“3a. (1) In the interpretation of a zoning plan, this section has effect in addition to section 3.
“(2) If:
(a) a provision of a zoning plan (in this subsection called the ‘first provision’) has the effect that a particular activity in a particular area requires permission; and
(b) another provision of the zoning plan (in this subsection called the ‘second provision’) would, apart from this subsection, have the effect that the same activity in the same area does not require permission;
the first provision prevails over the second provision.
“(3) In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of a tourist program is a reference to an activity (whether consisting of a single act or a series of acts) that:
(a) is in the course of carrying on business; and
(b) is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists.
“(4) In a zoning plan, a reference to the provision of a tourist facility is a reference to the provision, in the course of carrying on business, of a facility for tourists or for persons who include tourists.
“(5) In a zoning plan, a reference to the construction or provision of a facility for a tourist program is a reference to the construction or provision, in the course of carrying on business, of a facility for an activity (whether consisting of a single act or a series of acts) that is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists.
“(6) In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of an educational program is a reference to the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.
“(7) In a zoning plan, a reference to the provision of an educational facility is a reference to the provision of a facility for a group of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.
“(8) In a zoning plan, a reference to the construction or provision of a facility for an educational program is a reference to the construction or provision of a facility for the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.
“(9) In this section, and in a zoning plan:
‘facility’ includes a building, a structure, a vessel, goods, equipment or services;
‘tourist’ means a person who is in the Marine Park principally for the purpose of recreation (which may include fishing or collecting).
“(10) For the purposes of subsection 38b (2), this section is not to be regarded as amending a zoning plan.”.
NOTE
1. No. 85, 1975, as amended. For previous amendments, see No. 37, 1976; Nos. 36 and 140, 1978; No. 155, 1979; No. 70, 1980; No. 80, 1982; No. 97, 1983; No. 63, 1984; Nos. 65, 166 and 193, 1985; No. 105, 1988; and No. 60, 1989.
[Minister’s second reading speech made in—
House of Representatives on 15 May 1990
Senate on 30 May 1990]
Overview
The Great Barrier Reef Marine Park Amendment Act 1990 was enacted to address the need for better interpretation of zoning plans within the Great Barrier Reef Marine Park. This Act amends the Great Barrier Reef Marine Park Act 1975 to clarify certain provisions related to zoning plans, ensuring that more specific regulations take precedence over more general ones. The objective of this Act, as stated in the text, is to enhance the interpretation and application of zoning plans, thereby improving the management and protection of the Great Barrier Reef Marine Park. Enacted by the Parliament of Australia, the Act aims to provide clearer guidelines for the activities permitted within different zones of the Marine Park, ultimately contributing to the conservation and sustainable use of this significant natural resource.
Scope and Application
The Great Barrier Reef Marine Park Amendment Act 1990 amends the Great Barrier Reef Marine Park Act 1975 by providing additional clarity in the interpretation of zoning plans within the Great Barrier Reef Marine Park. This Act applies to all persons and entities involved in activities within the Great Barrier Reef Marine Park, including tourists, businesses operating within the park, and government authorities overseeing the management and regulation of the park. The Act specifies the geographic reach as being confined to the Commonwealth jurisdiction, focusing on the protection and management of the Great Barrier Reef Marine Park. It does not explicitly state any exclusions, exemptions, or thresholds, but its purpose is to refine the interpretation of zoning plans, which are fundamental in governing the conduct and operations within the Park. The Act’s provisions may be extended or modified through subordinate instruments, such as regulations or guidelines, issued under the authority of the Principal Act to provide further detail and operational clarity.
Key Provisions
The Great Barrier Reef Marine Park Amendment Act 1990 (Act) primarily focuses on the interpretation of zoning plans within the Great Barrier Reef Marine Park. This legislative amendment inserts a new section (section 3a) after section 3 of the Great Barrier Reef Marine Park Act 1975 (Principal Act). This new section aims to clarify how zoning plans are interpreted, particularly when there are conflicting provisions regarding the need for permission for certain activities. According to section 3a(2), if a zoning plan contains conflicting provisions where one requires permission for a specific activity in a certain area, and another provision would otherwise exempt the same activity in the same area from requiring permission, the former provision takes precedence.
The Act further provides detailed definitions to assist in the interpretation of zoning plans. Section 3a(3) to 3a(8) define terms such as "tourist program," "tourist facility," "educational program," and "educational facility," ensuring clarity in the application of the zoning plans. These definitions include specific activities and the provision of facilities for tourists or educational groups. Additionally, section 3a(9) clarifies that "facility" can encompass a range of items, from buildings and structures to vessels and services. The term "tourist" is also defined as someone in the Marine Park primarily for recreational purposes, which may include fishing or collecting.
Entities and individuals governed by the Principal Act must adhere to the clarified definitions and interpretation rules provided in section 3a. They are required to ensure that their activities within the Marine Park comply with the prevailing provisions of the zoning plans. This means that if a zoning plan specifies that permission is required for a particular activity, entities and individuals must obtain that permission regardless of any conflicting provisions.
Failure to comply with the requirements of the zoning plans as interpreted by section 3a of the Act can lead to legal consequences. While the Act does not specify particular offences or penalties, breaches of zoning provisions under the Principal Act can result in substantial penalties. The Principal Act itself provides for offences such as carrying out an activity without the required authority or contravening a condition of a permit, with penalties including fines and imprisonment. Therefore, non-compliance with the clarified interpretation of zoning plans could potentially lead to these penalties under the existing framework of the Principal Act.