Great Barrier Reef Marine Park Amendment Regulations 2000 (No. 1)

Administered by Department of the Environment and Energy

Legislation au F2000B00009 Regulations Not in force Legislative Instrument

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Great Barrier Reef Marine Park Amendment Regulations 2000 (No. 1) 2000 No. 5

EXPLANATORY STATEMENT

STATUTORY RULES 2000 No. 5

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT AND HERITAGE

Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Amendment Regulations 2000 (No. 1)

Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 (."the Act") provides for the making of regulations by the Governor-General not inconsistent with the Act or with a zoning plan. Paragraph 66 (2) of the Act provides in particular for the making of regulations conferring functions on the Great Barrier Reef Marine Park Authority ("the Authority") for the purposes of the regulations.

Purpose of Regulations

Under the Zoning Plans for each section of the Marine Park, and the Plans of Management for the Cairns and Whitsundays Areas, certain activities cannot be carried out without the Authority's permission. The purpose of the Regulations is to provide for a register of permissions to be kept by the Authority, and for members of the public to have access to documents in the register, as well as certain housekeeping matters.

Background

Documents relating to permit applications and assessments are available under Freedom of Information ("FOI") legislation, subject to some limited exceptions. The Authority has, over several years, found that the vast majority of FOI applications seeking details of permit applications, assessments and statements of reasons are granted in full. The FOI process is costly, time consuming and resource intensive. Maintaining a register of applications, assessments and statements of reasons, and allowing public access to the register, is expected to reduce the cost of providing, and the time taken to provide, this information.

Regulation Details

The Regulations amend the Great Barrier Reef Marine Park Regulations 1983 ("'the principal regulations") by inserting new regulations 59A, 59B and 59C. The regulations also move an existing regulation to a more appropriate place.

Regulations 59A, 59B and 59C provide for the Authority to establish and maintain a register of permissions, and for members of the public to have access to the register.

The regulations will enable members of the public to obtain certain documents outside the normal freedom of information process.

Impact on Business

A Regulation Impact Statement (RIS) is not required for these Regulations. See letter from Office of Regulatory Review at Attachment 1.

These Regulations commence on gazettal.

Attachment B

       Office of Regulation Review

       Courier Delivery Only

Our reference ID: 929       Level 3, Nature Conservation House

       Cnr Emu Bank and Benjamin way

       Canberra ACT 2617

       Mail

       PO Box 80

       Belconnen ACT 2616

       AUSTRALIA

       Telephone 02 6240 3290

       Facsimile 0262403355

       Emil orr@pe.gov.au

       PRODUCTIVITY

26 July 1999       COMMISSION

Mr Ed Green

Great Barrier Reef Marine Park Authority

Policy and Stakeholder Liaison Officer

Tourism and Recreation Group

Dear Mr Green

Re: Regulation Impact Statement (RIS) for the Register of Permission Regulations.

Thank you for forwarding the Office of Regulation Review the background material on the Register of Permission Regulations. Based on the information you have provided, a RIS is not required because the regulation will have no direct or substantial indirect impact on business and it will not restrict competition.

If you have any further queries please contact me on (02) 6240 3205.

Yours sincerely

Sue Holmes

Director

Attachment C

GREAT BARRIER REEF

MARINE PARK AUTHORITY

Sue Holmes

Director

Office of Regulatory Review

PO Box 80

Belconnen ACT 2616

REGULATION TO ESTABLISH A REGISTER OF PERMISSIONS

Background

Public access to detailed information concerning permissions granted by the Authority is currently only available through a request under the Freedom of Information Act 1982. The process is very resource intensive and costly. A better process is required in order to make basic information more readily available. This is especially required in order that contact details of mooring permittees can be generally available for users wishing to access moorings.

Issues

*       The Authority proposes to establish and make public, on request, a register of permissions, containing details of application for permissions and transfers and variations of applications, details of permissions granted and copies of any statements of reasons given for decisions on applications.

*       The register would not include any confidential documents.

*       The Authority has, over several years, found the vast majority of Freedom of Information applications seeking details of permit applications, assessments and statements of reasons are granted in full.

*       Public submissions to the Cairns Area Plan of Management were received requesting a means to identify and contact mooring permittees.

*       The proposed regulation will enable the Authority to produce a Register of Mooring Permissions in the Cairns Area, which will facilitate a greater level of sharing of moorings within an area where there is a large number of privately installed c) moorings.

*       The proposed regulations imposes no costs to business.

Yours sincerely

Ed Green

Policy and Stakeholder Liaison Officer

Tourism and Recreation Group

22 July 1999

 

Overview

The Great Barrier Reef Marine Park Amendment Regulations 2000 (No. 1) were enacted to address the inefficiencies and costs associated with accessing information on permissions for certain activities within the Great Barrier Reef Marine Park. The Act, which was introduced by the Parliament of Australia, seeks to streamline the process by which the public can access details of permissions granted by the Great Barrier Reef Marine Park Authority (the Authority). The primary objective of these regulations is to create a register of permissions that can be maintained by the Authority, thereby reducing the burden on resources and time required to handle Freedom of Information requests. The regulations also aim to enhance public access to this register, facilitating easier access to information such as mooring permit details. This initiative is expected to lower the costs and administrative burden associated with processing these requests, while also making information more readily available to the public.

Scope and Application

The Great Barrier Reef Marine Park Amendment Regulations 2000 (No. 1) pertain to the Great Barrier Reef Marine Park Authority and its operations, specifically concerning the establishment and management of a register of permissions within the Marine Park. These regulations apply to the Great Barrier Reef Marine Park, which is a Commonwealth jurisdiction, thereby extending its reach across the entire Reef area. The regulations are designed to streamline the process of providing information to the public regarding permissions, applications, and assessments, which previously had to be obtained through the Freedom of Information Act 1982. This shift aims to reduce the administrative burden and costs associated with handling such requests, while also increasing transparency and public access to information. The new regulations introduce a formalised register that the public can access, thereby making information on mooring permissions, applications, and variations more readily available. Notably, these regulations do not impose any additional costs on businesses and are expected to benefit both the Authority and the public by improving efficiency and access to information.

Key Provisions

The Great Barrier Reef Marine Park Amendment Regulations 2000 (No. 1) primarily involve the establishment of a register of permissions to be maintained by the Great Barrier Reef Marine Park Authority (the Authority) (Regulation 59A). This register will include details of applications for permissions, any transfers or variations of applications, permissions granted, and copies of any statements of reasons given for decisions on applications (Regulation 59B). Importantly, the register will not include any confidential documents (Regulation 59C). These regulations are intended to provide a more efficient and cost-effective means for members of the public to access information about permissions, as opposed to making Freedom of Information (FOI) requests. The regulations also facilitate the creation of a Register of Mooring Permissions in the Cairns Area, aimed at improving the sharing of moorings among users (Explanatory Statement). The obligations imposed by these regulations on the Authority include the establishment and maintenance of the register of permissions as outlined in Regulation 59A. The register must include specific details such as applications for permissions, transfers or variations of applications, permissions granted, and statements of reasons for decisions on applications, excluding any confidential documents (Regulation 59B). Additionally, the Authority must make the register accessible to the public upon request (Regulation 59C). These regulations aim to streamline the process of accessing information about permissions, reducing the burden on the FOI process and making information more readily available to the public. The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the purpose of these regulations is to provide a more efficient and cost-effective means for accessing information about permissions, rather than relying on the FOI process. By establishing a register of permissions, the regulations aim to facilitate greater public access to information, thereby reducing the need for costly and time-consuming FOI requests. Failure to comply with these regulations could potentially result in a less efficient process for accessing information about permissions, impacting the public's ability to contact mooring permittees and share moorings within the Cairns Area. However, the explanatory statement does not provide explicit details on potential penalties or consequences for non-compliance.

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