Great Barrier Reef Marine Park Amendment Act 2017

Overview

The Great Barrier Reef Marine Park Amendment Act 2017 was enacted to address gaps in the enforcement provisions of the Great Barrier Reef Marine Park Act 1975. The legislation was introduced by the Parliament of Australia, aiming to ensure that plans of management containing enforcement provisions are rendered ineffective when there are no corresponding regulations in force to give effect to those provisions. This amendment provides clarity and ensures that management plans cannot be enforced without the requisite regulatory framework, thus maintaining the integrity and enforceability of the management strategies for the Great Barrier Reef Marine Park. The Act commenced on 24 August 2017, the day after receiving Royal Assent.

Scope and Application

The Great Barrier Reef Marine Park Amendment Act 2017 amends the Great Barrier Reef Marine Park Act 1975, impacting the regulatory framework for the management and protection of the Great Barrier Reef Marine Park. This Act applies to persons and entities involved in the activities within the Marine Park, including individuals, businesses, and government bodies, as well as to any plans of management for the Park. It has a national jurisdictional reach, as it pertains to a Commonwealth-managed area. The Act does not specify any exclusions or exemptions, but it does set thresholds and conditions under which certain plans of management may be revoked or frozen, particularly those containing enforcement provisions that are ineffective without corresponding regulations. The Act's provisions commenced on 24 August 2017, the day following Royal Assent, and further details concerning the enforcement and application of these amendments may be outlined in subordinate instruments issued under the authority of the Act.

Key Provisions

The Great Barrier Reef Marine Park Amendment Act 2017 (Act) modifies the Great Barrier Reef Marine Park Act 1975 (the original Act). This amendment primarily concerns the enforcement provisions in plans of management for the Great Barrier Reef Marine Park. Section 39ZH of the original Act, which previously dealt with the revocation or freezing of management plans, has been amended to clarify that a plan containing enforcement provisions is ineffective if there are no regulations in force to give effect to those provisions (Section 39ZH(4)). Additionally, the Act allows for the amendment or revocation of such plans even when they are ineffective due to the absence of corresponding regulations (Section 39ZH(4A)). Furthermore, it has been stipulated that an ineffective plan due to subsection 39ZH(4) is considered not in force for the purposes of Section 39ZI (new subsection 39ZI(4)). The Act imposes specific obligations on the parties and entities involved in managing the Great Barrier Reef Marine Park. It mandates that any plan of management containing enforcement provisions must be supported by corresponding regulations to be effective. This means that if regulations are not in place, the enforcement provisions within the plan cannot be executed. Moreover, the amendment allows for the continuation of management activities, such as the amendment or revocation of plans, even when the enforcement provisions are temporarily ineffective due to the absence of regulations. Failure to comply with the requirements of the Act can lead to civil or criminal consequences. While the Act itself does not explicitly state the penalties for non-compliance, breaches of the Great Barrier Reef Marine Park Act 1975 generally carry significant penalties. These can include fines and imprisonment for serious offences, reflecting the importance of adhering to the regulations governing the protection and management of the Great Barrier Reef Marine Park. The maximum penalties for offences under the original Act can reach up to $22,000 for individuals and $110,000 for bodies corporate, highlighting the seriousness with which breaches are treated.