Great Barrier Reef Marine Park Amendment Act 2001

Legislation au C2004A00815 In force Act

Legislation content

 

 

 

 

Great Barrier Reef Marine Park Amendment Act 2001

 

No. 48, 2001

 

 

 

 

An Act to amend the Great Barrier Reef Marine Park Act 1975, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

4 Application provision—interpretation of geographic co‑ordinates             

5 Application—offences...........................

Schedule 1—Amendments

Great Barrier Reef Marine Park Act 1975

 

Great Barrier Reef Marine Park Amendment Act 2001

No. 48, 2001

 

 

 

An Act to amend the Great Barrier Reef Marine Park Act 1975, and for related purposes

[Assented to 21 June 2001]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Great Barrier Reef Marine Park Amendment Act 2001.

2  Commencement

  This Act commences on the 28th day after the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Application provision—interpretation of geographic co‑ordinates

  The amendment made by item 3 of Schedule 1 applies to the following instruments (regardless of whether they were made before or after the commencement of this section):

 (a) regulations made under the Great Barrier Reef Marine Park Act 1975;

 (b) a Proclamation made under that Act;

 (c) a plan of management;

 (d) a zoning plan;

 (e) any other instrument made under that Act.

5  Application—offences

  If this Act commences before the commencement of section 1 of the Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001, then Chapter 2 of the Criminal Code applies to offences against subsections 38A(2) and 38J(1) and (1B) and sections 38CA, 38CB, 38CC, 38M, 38MA, 38MB and 38MC of the Great Barrier Reef Marine Park Act 1975.

Note: From the commencement of section 1 of the Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001, Chapter 2 of the Criminal Code will apply to all offences against the Great Barrier Reef Marine Park Act 1975.


Schedule 1—Amendments

 

Great Barrier Reef Marine Park Act 1975

1  Subsection 3(1) (definition of compulsory pilotage area)

Repeal the definition, substitute:

compulsory pilotage area means any part of the Great Barrier Reef Region that is prescribed by the regulations.

2  Subsection 3(1) (definition of inner route)

Repeal the definition.

3  After section 3A

Insert:

3B  Interpretation of geographic co‑ordinates

 (1) Where it is necessary for the purposes of this Act to determine the position on the surface of the Earth of a point, line or area that is specified by reference to one or more geographic co‑ordinates, then that position must be determined, unless the contrary intention appears, by reference to the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966.

 (2) In this section:

geographic co‑ordinate includes:

 (a) a meridian of longitude by itself; and

 (b) a parallel of latitude by itself.

this Act includes the following:

 (a) the regulations;

 (b) a Proclamation made under this Act;

 (c) a plan of management;

 (d) a zoning plan;

 (e) any other instrument made under this Act.

4  At the end of section 38A

Add:

 (2) A person is guilty of an offence if the person uses or enters a zone for a purpose other than a purpose that is permitted under the zoning plan that relates to the zone.

Penalty: 60 penalty units.

 (3) An offence under subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

5  After section 38C

Insert:

38CA  Zones to be used only for permitted fishing

 (1) A person is guilty of an offence if:

 (a) the person intentionally or negligently uses or enters a zone for the purpose of fishing; and

 (b) that fishing is not permitted under the zoning plan that relates to the zone.

Penalty: 2,000 penalty units.

 (2) In this section:

boat means launch, vessel or floating craft of any description.

fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.

fishing means any of the following:

 (a) searching for, or taking, fish;

 (b) attempting to search for, or take, fish;

 (c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish;

 (d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;

 (e) any operations at sea directly in support of, or in preparation for, any activity described in this definition;

 (f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat;

 (g) the processing, carrying or transhipping of fish that have been taken.

processing, in relation to fish, includes the work of cutting up, dismembering, cleaning, sorting, packing or freezing.

take, in relation to fish, means catch, capture, take or harvest.

38CB  Permission requirements to be observed for fishing—zoned area

 (1) A person is guilty of an offence if:

 (a) under a zoning plan, a zone may be used or entered for the purpose of fishing only with the permission of:

 (i) the responsible agency within the meaning of the plan; or

 (ii) the Authority; and

 (b) the person intentionally or negligently uses or enters that zone for the purpose of such fishing; and

 (c) the use or entry is not authorised by a permission granted or transferred to the person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; and

 (d) the use or entry is not authorised by an authority given to the person in accordance with a condition to which such a permission is subject.

Penalty: 2,000 penalty units.

 (2) Strict liability applies to paragraph (1)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) In this section:

fishing has the same meaning as in section 38CA.

38CC  Contravening conditions of permit or authority in relation to fishing—zoned area

 (1) A person is guilty of an offence if:

 (a) a permission or authority referred to in section 38CB is subject to a condition; and

 (b) the condition applies to the person; and

 (c) the person engages in conduct; and

 (d) the conduct contravenes the condition.

Penalty: 2,000 penalty units.

 (2) The fault element for paragraph (1)(d) is negligence.

Note: Section 5.5 of the Criminal Code defines negligence.

 (3) In this section:

engage in conduct means:

 (a) do an act; or

 (b) omit to perform an act.

6  Subsection 38J(1)

Repeal the subsection, substitute:

 (1) A person is guilty of an offence if:

 (a) the person intentionally or negligently discharges waste in the Marine Park; and

 (b) the discharge is not authorised by a permission that:

 (i) is granted or transferred to the person under the regulations; and

 (ii) is of a kind declared by the regulations to be a permission to which this section applies.

Penalty: 2,000 penalty units.

 (1A) Subsection (1) does not apply if the discharge is sewage.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

 (1B) A person is guilty of an offence if:

 (a) the person discharges waste in the Marine Park; and

 (b) the discharge is not authorised by a permission that:

 (i) is granted or transferred to the person under the regulations; and

 (ii) is of a kind declared by the regulations to be a permission to which this section applies.

Penalty: 500 penalty units.

 (1C) An offence under subsection (1B) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (1D) Subsection (1B) does not apply if the discharge is sewage.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1D) (see subsection 13.3(3) of the Criminal Code).

7  Paragraphs 38J(5)(c) and (d)

Repeal the paragraphs.

8  Subsection 38J(6)

Repeal the subsection.

8A  After subsection 38L(3)

Insert:

 (3A) The regulations may prescribe measures for the management of the discharge of sewage from vessels in the Marine Park and may create offences, not inconsistent with this Act, relating to the discharge of sewage from vessels.

 (3B) Regulations made for the purposes of subsection (3A) may provide a maximum penalty for an offence against the regulations not exceeding the maximum penalty for an offence against subsection (1), but nothing in this subsection enables the regulations to provide penalties of imprisonment.

9  After section 38L

Insert:

38M  Zones to be used only by permitted ships

Operators

 (1) A person is guilty of an offence if:

 (a) the person operates a ship; and

 (b) the ship is in a zone that it is not permitted to be in under the zoning plan that relates to the zone and the person is negligent as to that fact.

Penalty: 2,000 penalty units.

Owners and operators

 (2) If:

 (a) a ship is operated in a zone; and

 (b) under the zoning plan that relates to the zone, that ship is not permitted in the zone;

the operator and the owner of the ship are each guilty of an offence punishable on conviction by a fine of not more than 500 penalty units.

 (3) An offence under subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Interpretation

 (4) In this section:

ship has the same meaning as in the zoning plan concerned.

38MA  Permission requirements to be observed for ships—zoned area

Operators

 (1) A person is guilty of an offence if:

 (a) under a zoning plan, a ship is permitted to be in a zone only with the permission of:

 (i) the responsible agency within the meaning of the plan; or

 (ii) the Authority; and

 (b) the person operates such a ship; and

 (c) the ship is in that zone and the person is negligent as to that fact; and

 (d) the ship being in that zone is not authorised by a permission granted or transferred to the person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; and

 (e) the ship being in that zone is not authorised by an authority given to the person in accordance with a condition to which such a permission is subject.

Penalty: 2,000 penalty units.

 (2) Strict liability applies to paragraph (1)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

Owners and operators

 (3) If:

 (a) under a zoning plan, a ship is permitted to be in a zone only with the permission of:

 (i) the responsible agency within the meaning of the plan; or

 (ii) the Authority; and

 (b) such a ship is operated in that zone; and

 (c) the ship being in that zone is not authorised by a permission granted or transferred to any person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; and

 (d) the ship being in that zone is not authorised by an authority given to any person in accordance with a condition to which such a permission is subject;

the operator and the owner of the ship are each guilty of an offence punishable on conviction by a fine of not more than 500 penalty units.

 (4) An offence under subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Interpretation

 (5) In this section:

ship has the same meaning as in the zoning plan concerned.

38MB  Contravening conditions of permit or authority in relation to ships—zoned area

 (1) A person is guilty of an offence if:

 (a) a permission or authority referred to in section 38MA is subject to a condition; and

 (b) the condition applies to the person; and

 (c) the person engages in conduct; and

 (d) the conduct contravenes the condition.

Penalty: 2,000 penalty units.

 (2) The fault element for paragraph (1)(d) is negligence.

Note: Section 5.5 of the Criminal Code defines negligence.

 (3) In this section:

engage in conduct means:

 (a) do an act; or

 (b) omit to perform an act.

38MC  Vessels causing damage in the Marine Park

Operators

 (1) A person is guilty of an offence if:

 (a) the person operates a vessel; and

 (b) the vessel is in the Marine Park and the person is negligent as to that fact; and

 (c) that operation results in, or is likely to result in, damage to the Marine Park and the person is negligent as to that fact.

Penalty: 2,000 penalty units.

Owners and operators

 (2) If a vessel is operated in the Marine Park and that operation results in, or is likely to result in, damage to the Marine Park, the operator and the owner of the vessel are each guilty of an offence punishable on conviction by a fine of not more than 500 penalty units.

 (3) An offence under subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

10  Subsections 38N(1) and (2)

Omit “38L”, substitute “38MC”.

11  Subsection 38N(7)

Omit “38L”, substitute “38MC”.

12  After subsection 66(3)

Insert:

 (4) A regulation is taken not to be inconsistent with a zoning plan merely because it:

 (a) further regulates an activity that is allowed or permitted by the zoning plan; or

 (b) prohibits an activity that is otherwise allowed or permitted by the zoning plan.

 (4A) Nothing in subsection (4) allows a regulation to allow or permit an activity that is otherwise prohibited by the zoning plan concerned.

13  Schedule 2

Repeal the Schedule.

 

 

[Minister’s second reading speech made in—

Senate on 5 April 2001

House of Representatives on 7 June 2001]

 

 

(31/01)

 

Overview

The Great Barrier Reef Marine Park Amendment Act 2001 was enacted by the Parliament of Australia to address existing gaps in the management and protection of the Great Barrier Reef Marine Park. This legislation aimed to strengthen the regulatory framework governing activities within the Marine Park, ensuring that it is effectively managed to protect its unique ecological, environmental, and cultural values. The Act amended the Great Barrier Reef Marine Park Act 1975, introducing new provisions and penalties to deter illegal activities such as unauthorised fishing, discharge of waste, and operations that cause damage to the Marine Park. These amendments sought to provide clearer guidelines and enforcement mechanisms to uphold the integrity of the Great Barrier Reef, ensuring sustainable use and conservation of its resources. The Great Barrier Reef Marine Park Amendment Act 2001 introduced significant changes to the legal framework governing the Great Barrier Reef Marine Park. It included the introduction of new offences for unauthorised fishing, discharge of waste, and operations causing damage, along with increased penalties to deter such activities. The Act also clarified the interpretation of geographic coordinates and provided for stricter enforcement measures. These amendments aimed to enhance the protection of the Great Barrier Reef's ecosystems, ensuring that the Park's resources are preserved for future generations while allowing for sustainable use under strict regulatory oversight.

Scope and Application

The Great Barrier Reef Marine Park Amendment Act 2001 applies to the regulation and management of activities within the Great Barrier Reef Marine Park. It primarily amends the Great Barrier Reef Marine Park Act 1975 to enhance the protection and conservation of the marine park. This Act applies to all persons and entities engaged in activities within the park, including fishing, shipping, and waste discharge. The amendments introduce stricter regulations on unauthorised fishing, operating ships in designated zones, and discharging waste, imposing stringent penalties for violations. Notably, the Act specifies that geographic coordinates should be interpreted using the Australian Geodetic Datum. The geographic scope of the Act is limited to the Great Barrier Reef Marine Park, which is under the jurisdiction of the Commonwealth of Australia. While the Act itself outlines specific exclusions and penalties, further details and specific enforcement mechanisms may be defined through subordinate instruments, such as regulations and plans of management.

Key Provisions

The Great Barrier Reef Marine Park Amendment Act 2001 (C2004A00815) makes several key amendments to the Great Barrier Reef Marine Park Act 1975, primarily focusing on the regulation of activities within the Marine Park, especially fishing and shipping. Section 1 of the Act specifies the definitions of certain terms such as 'compulsory pilotage area' and 'inner route'. It also introduces new definitions and provisions, such as the interpretation of geographic coordinates (Section 3B) and the use of the Australian Geodetic Datum for determining positions on the Earth's surface. The Act imposes several obligations on the parties it governs. For example, under Section 38A(2), a person is guilty of an offence if they use or enter a zone for a purpose other than that permitted under the relevant zoning plan. Similarly, Section 38CA makes it an offence to use or enter a zone for fishing unless the fishing is permitted under the zoning plan. Strict liability applies to certain offences, meaning that the intent or negligence of the offender does not need to be proven (Section 38CB(2)). Additionally, Section 38J(1) and (1B) create offences for discharging waste in the Marine Park without the appropriate permissions, with strict liability applying to subsection (1B). The Act also outlines the consequences for breaching its provisions. For example, Section 38A(2) imposes a penalty of 60 penalty units for using or entering a zone for an unauthorised purpose. Section 38CA, 38CB, 38CC, and 38MC all carry a penalty of 2,000 penalty units for various offences related to fishing and shipping within the Marine Park. Section 38J(1) imposes a penalty of 2,000 penalty units for unauthorised waste discharge, while subsection (1B) imposes a penalty of 500 penalty units for the same offence under strict liability. In the case of ships not being permitted in a zone, both the operator and the owner face a fine of up to 500 penalty units under Section 38M(2) and 38MA(3). The Act further stipulates that regulations cannot allow activities that are otherwise prohibited by the zoning plans (Section 66(4A)).

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Offence Provisions
Strict Liability
Regulatory Standards

Interactions

Authorises

All Versions

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.