Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1) 1999 No. 252
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 252
ISSUED BY The Authority of the Minister for the Environment and Heritage
Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1)
Purpose of Regulations
The purpose of these Regulations is to give effect to the enforcement provisions contained in Part 2 of the Cairns Area Plan of Management 1998 and Part 2 of the Whitsundays Plan of Management 1998.
Background
The Great Barrier Reef Marine Park Act 1975 provides for the making of regulations "providing for giving effect to the enforcement provisions of a plan of management or to the enforcement provisions of an amendment of a plan of management".
Section 39W of the Great Barrier Reef Marine Park Act 1975 provides that the Authority may, in writing, prepare plans of management for the Marine Park in accordance with this Part (Part VB). Both the Cairns Planning Area and the Whitsundays Planning Area are subject to high-density tourism activities. The Authority has prepared Plans of Management to control the levels of tourism and activities and their associated impacts on the Planning Areas. The Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998 were gazetted on 22 June 1998.
Regulation Details
Part 2 of the Plans of Management provide for the enforcement provisions of the Plans. These regulate activities conducted in the Planning Areas and also limit the access by operators to the planning area to be 50 days with a booking unless the operator has an authorisation to operate above the base level as provided for in Part 5 of Division 1 of the Plans of Management.
A person who contravenes a provision of Part 2 of the Plans of Management is liable for a penalty up to 10 penalty units ($1100). Further, any contravention of a provision of Part 2 of the Plans of Management is an offence of strict liability. The exception to this are the relevant clauses dealing with damage to corals (clause 2.14 (1) of the Cairns Area Plan of Management 1998 and clause 2.12(1) of the Whitsundays Plan of Management 1998).
The Regulations also provide for the granting of authorisations by the Authority, which allow the conduct of certain types of tourist programs that would otherwise be prohibited by the enforcement provisions. In order to be eligible for an authorisation, the permission holder must have an existing permission in force immediately before 1 July 1999 for the Cairns Planning Area or an existing permission in force immediately before the commencement of regulation 62 for the Whitsundays Planning Area.
The Authority may grant such authorisation to the permission holder unconditionally or subject to conditions, or may refuse to grant the authorisation. If the authorisation is granted conditionally or unconditionally, it attaches to the relevant permission. The decision of the Authority to grant or refuse an authorisation must be communicated to the applicant in writing, and the applicant has appeal rights if the decision of the Authority to grant the authorisation conditionally or refuse to grant an authorisation. Such appeal rights include reconsideration by the Authority or an appeal to the Administrative Appeals Tribunal.
When an authorisation is granted, it forms part of the permission. An authorisation may be suspended or revoked separately from the permission to which it is attached.
An Explanatory Memorandum for these Regulations is included at Attachment 1.
Impact on Business
A Regulation Impact Statement (RIS) in a form approved by the Office of Regulation Review is included at Attachment 2.
These Regulations commence on gazettal.
Overview
The Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1) were enacted to provide effect to the enforcement provisions in the Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998. These regulations were developed in response to the need for stricter management and control of tourism activities within the high-density tourism areas of the Cairns and Whitsundays Planning Areas. The enactment of these regulations is authorised under Section 39W of the Great Barrier Reef Marine Park Act 1975, which allows for the creation of management plans to regulate activities in the Marine Park. The primary policy objective of these regulations is to balance the interests of tourism with the need to protect the ecological integrity of the Great Barrier Reef by limiting access and regulating tourist activities within these planning areas. The regulations establish strict liability for contraventions of enforcement provisions, with penalties of up to 10 penalty units ($1100), and allow for the granting of authorisations to conduct certain tourist programs that would otherwise be prohibited, subject to specific conditions and eligibility criteria.
Scope and Application
The Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1) apply to persons and entities involved in tourism activities within the Cairns Planning Area and the Whitsundays Planning Area of the Great Barrier Reef Marine Park. These Regulations are made under the authority of the Great Barrier Reef Marine Park Act 1975 and aim to enforce the provisions set out in the Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998. They regulate activities and limit the number of days operators can access the planning areas to 50 days per year unless they have an authorisation. Contravening these provisions can result in penalties of up to 10 penalty units ($1100) and strict liability offences, with exceptions for clauses concerning coral damage. The Regulations also facilitate the granting of authorisations for specific tourist programs, subject to conditions and eligibility criteria based on existing permissions. Decisions regarding authorisations can be appealed, and authorisations can be suspended or revoked separately from the permissions they are attached to.
Key Provisions
The Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1) (the "Regulations") implement the enforcement provisions contained in Part 2 of the Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998. These Regulations were made under section 29 of the Great Barrier Reef Marine Park Act 1975 ("the Act") to facilitate the enforcement of the Plans of Management for the Cairns Planning Area and the Whitsundays Planning Area. The Regulations, which came into force upon gazettal, specify the activities that are permitted or prohibited in these areas and the conditions under which certain activities may be conducted.
Under the Regulations, operators who wish to conduct tourism activities in the Planning Areas must comply with the limits set on the number of days they can operate within the areas. Operators are generally restricted to 50 days of operation per year unless they have an authorisation to operate for a longer period. The Regulations also provide for the granting of authorisations by the Authority, which allow the conduct of certain types of tourist programs that would otherwise be prohibited by the enforcement provisions. To be eligible for an authorisation, the permission holder must have an existing permission in force immediately before 1 July 1999 for the Cairns Planning Area or an existing permission in force immediately before the commencement of regulation 62 for the Whitsundays Planning Area.
The Regulations impose several obligations on operators. Firstly, operators must not contravene any provision of Part 2 of the Plans of Management. Secondly, operators must comply with any conditions attached to their authorisations. Failure to comply with these obligations may result in penalties, offences, and other consequences. Specifically, any contravention of a provision of Part 2 of the Plans of Management is an offence of strict liability and is liable to a penalty of up to 10 penalty units ($1100). The exception to this are the relevant clauses dealing with damage to corals (clause 2.14 (1) of the Cairns Area Plan of Management 1998 and clause 2.12(1) of the Whitsundays Plan of Management 1998). If an authorisation is granted, it forms part of the permission and may be suspended or revoked separately from the permission to which it is attached. The decision of the Authority to grant or refuse an authorisation must be communicated to the applicant in writing, and the applicant has appeal rights if the decision of the Authority to grant the authorisation conditionally or refuse to grant an authorisation. Such appeal rights include reconsideration by the Authority or an appeal to the Administrative Appeals Tribunal.
In summary, the Regulations implement the enforcement provisions contained in Part 2 of the Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998. The Regulations impose obligations on operators to comply with the limits set on the number of days they can operate within the Planning Areas and to comply with any conditions attached to their authorisations. Failure to comply with these obligations may result in penalties, offences, and other consequences. The Regulations came into force upon gazettal and apply to all operators who wish to conduct tourism activities in the Planning Areas.