Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1) 2001 No. 12
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 12
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 2001 (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)(f) provides for the making of regulations providing for the protection and preservation of the Marine Park and property and things in the Marine Park, and paragraph 66(2)(u) provides for the making of regulations providing for the grant or issue of licences, permissions, permits and authorities, the conditions to which they are granted or issued, and the charging of any fee by the Authority in respect of such licences, permits and authorities.
The purpose of these Regulations is to:
• Enable specified persons from the Great Barrier Reef Marine Park Authority ("the Authority"), the Australian Maritime Safety Authority ("AMSA") and the Department of Transport of Queensland to authorise chemical countermeasures to combat specific incidents of pollution in order to minimise the damage to the Great Barrier Reef Marine Park ("the Marine Park") from pollution; and
• To establish a process whereby the Authority may allocate moorings in the Cairns Planning Area of the Marine Park in accordance with the provisions of the Cairns Area Plan of Management.
Section 38J of the Act regulates the discharge of waste into the Marine Park. The definition of waste is broad and essentially incorporates any oil or chemical substance, including those chemicals and materials that are used to combat oil spills, such as dispersants, demulsifiers and sorbents. Paragraph 38J(5)(b) allows for Regulations to be introduced, enabling response officers to authorise the use of dispersants and other chemicals to combat pollution incidents.
Although a small number of officers from AMSA have appropriate powers to authorise dispersant use, these officers fall outside the decision-making processes defined within the Authority. An inability to contact these officers during the initial stages of an oil spill response would inevitably lead to delays in response decisions. It is appropriate therefore for the Authority to authorise additional officers within its own staff, officers of the Department of Transport of Queensland and officers of AMSA to approve the use of dispersants and other countermeasures in the event of a pollution incident.
Section 39W of the Act provides that the Authority may, in writing, prepare Plans of Management for the Marine Park in accordance with this Part (Part VB). The Cairns Area Plan of Management ("the Plan") was gazetted on 28 June 1998 and amendments to the Plan were gazetted on 12 October 1999. The Plan was released by the Authority to provide new strategies for protecting values of the offshore areas from Cairns and Port Douglas, the Ribbon Reef, Lizard Island and the Franklin Reefs. The area includes some of the most spectacular reefs in the world and an abundance of wildlife. These natural attractions ' are the focus of a rapidly expanding tourism industry which accounts for over 60% of the total annual tourism visitation to the Marine Park.
The Plan sets out a number of strategies for managing use in the Planning Area which includes specifying the number of permitted moorings at each Location in the Planning Area and allocating those moorings through a preferential allocation system in accordance with clause 1.21 of the Plan. The proposed regulations will provide for the allocation of such moorings in accordance with the provisions of the Plan, provide a ballot system for allocating preferences where two or more applications are received by the Authority for the same location, and allow Applicants to request a review of decisions.
The Regulations amend the Great Barrier Reef Marine Park Regulations 1983 ("the principal regulations") by inserting new regulations 5A and 32A, and by amending regulations 75 and 120(1) of the principal regulations.
These Regulations commence on gazettal.
Overview
The Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1) were introduced to address specific gaps in the regulatory framework for managing pollution incidents and the allocation of moorings within the Great Barrier Reef Marine Park. Enacted under the authority of the Minister for the Environment and Heritage, these Regulations aim to enhance the capacity of the Great Barrier Reef Marine Park Authority, the Australian Maritime Safety Authority, and the Department of Transport of Queensland to respond effectively to pollution incidents by authorising the use of chemical countermeasures. Additionally, the Regulations establish a formal process for the allocation of moorings in the Cairns Planning Area, in alignment with the Cairns Area Plan of Management. The policy objective is to protect and preserve the unique environmental and tourism values of the Great Barrier Reef Marine Park by enabling timely and efficient responses to pollution incidents and ensuring sustainable management of mooring resources.
Scope and Application
The Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1) apply to the Great Barrier Reef Marine Park, affecting persons and entities involved in activities within the Park, particularly those associated with the Great Barrier Reef Marine Park Authority, the Australian Maritime Safety Authority, and the Department of Transport of Queensland. These Regulations aim to provide a framework for the protection and preservation of the Marine Park by enabling specified officers to authorise chemical countermeasures to combat pollution incidents and to establish a process for the allocation of moorings in the Cairns Planning Area. The geographic scope of these Regulations is confined to the boundaries of the Great Barrier Reef Marine Park, which is under the jurisdiction of the Commonwealth of Australia. The Regulations do not explicitly state any exclusions or thresholds but focus on enhancing the response capabilities to pollution incidents and managing mooring allocations within the specified Planning Area. The application of these Regulations may be extended or further defined through subordinate instruments issued under the authority of the Minister for the Environment and Heritage.
Key Provisions
The Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1) primarily focus on two key areas. Firstly, they enable specified officers from the Great Barrier Reef Marine Park Authority, the Australian Maritime Safety Authority, and the Department of Transport of Queensland to authorise chemical countermeasures to combat specific incidents of pollution within the Great Barrier Reef Marine Park (section 38J). This is crucial for minimising the damage caused by pollution incidents. Secondly, the Regulations establish a process for the Authority to allocate moorings in the Cairns Planning Area of the Marine Park, in accordance with the provisions of the Cairns Area Plan of Management (section 39W). This includes setting out strategies for managing the use of moorings, such as specifying the number of permitted moorings and allocating them through a preferential allocation system.
The Regulations impose several obligations on the parties they govern. The Authority, AMSA, and the Department of Transport of Queensland must ensure that the officers authorised under the Regulations have the appropriate powers to approve the use of dispersants and other countermeasures during pollution incidents (section 38J). Additionally, the Authority must manage the allocation of moorings in the Cairns Planning Area as outlined in the Cairns Area Plan of Management, including the implementation of a preferential allocation system and providing a ballot system for allocating preferences when multiple applications are received for the same mooring location (section 39W). The Regulations also require the Authority to provide a review process for applicants who wish to contest decisions made regarding mooring allocations.
The Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1) do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within the text provided. However, breaches of the Great Barrier Reef Marine Park Act 1975 or the Great Barrier Reef Marine Park Regulations 1983, which these Regulations amend, could result in penalties under those Acts. The Great Barrier Reef Marine Park Act 1975 provides for penalties including fines and imprisonment for offences such as unauthorised discharge of waste into the Marine Park, and the Great Barrier Reef Marine Park Regulations 1983 may also impose penalties for breaches of specific regulations. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant provisions of the primary Act and subsidiary regulations.