Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 3) 2001 No. 197
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 197
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. 3)
Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 ("the Act") provides that the Governor-General may make regulations, not inconsistent with this Act or with a zoning plan, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. Subsection 66(2)(e) of the Act provides for the making of regulations which regulate or prohibit acts (whether in the Marine Park or elsewhere) that may pollute water in a manner harmful to the animals or plants in the Marine Park. Subsection 66(2)(o) of the Act also provides for the making of regulations which regulate the use of vessels in, and the passage of vessels through, the Marine Park and the landing and use of aircraft in, and the flying of aircraft over., the Marine Park.
On 21 June 2001, the Great Barrier Reef Marine Park Amendment Act 2001 (No. 48 of 2001) received Royal Assent. The provisions of this Act commence on the 28th day after the day on which it received Royal Assent, being the day on which the Regulations commence.
The purpose of the Amendment Regulations is to:
* Declare compulsory pilotage areas for the inner shipping route north of Low Isles (north of Cairns), Hydrographer's Passage (offshore Mackay), and the . Whitsundays, for the purposes of subsection 3(1) of the Act. The Whitsundays will be a newly declared compulsory pilotage area and the Hydrographer's Passage includes an extension to the compulsory pilotage area previously declared in the Act. The inner shipping route. was previously declared in the Act.
* Regulate the discharge of sewage from vessels in the Great Barrier Reef Marine Park ("the Marine Park").
* Provide that a permission granted under regulations 13 and 22 of the Great Barrier Reef Marine Park Regulations 1983 ("the principal Regulations") is declared to be a permission to which paragraphs 38CB(1)(c), 38MA(1)(d), and 38MA(3)(c) of the Act apply.
Subsection 3(1) of the Act (as amended by the Great Barrier Reef Marine Park Amendment Act 2001) defines the Compulsory Pilotage Area as any part of the Great Barrier Reef Region that is prescribed by the regulations. The new provision enables the Great Barrier Reef Marine Park Authority ("the Authority") to provide for the declaration of, or adjustment of, the compulsory pilotage areas by means of regulation rather than an amendment to the Act. Whilst in compulsory pilotage areas, vessels over 70 metres in overall length, or vessels that are loaded oil tankers, chemical carriers, or liquefied gas carriers are required to carry a licensed pilot when navigating through the declared compulsory pilotage areas. These Amendment Regulations will further enhance the protection of the Marine Park.
Subsection 38J(1) of the Act (as amended) provides that it is an offence for a person to intentionally or negligently discharge waste in the Marine Park where that discharge is not authorised by a permission which is granted or transferred under the regulations and is of a kind declared by the regulations to be a permission to which this section applies. Subsection 38J(1A) goes on to state that subsection (1) does not apply if the discharge is sewage.
The provisions of section 38J of the Act do not adequately protect the sensitive marine environments in the Marine Park from the effects of sewage. Sewage contains pathogens that can negatively affect human health, and nutrients and other compounds that can adversely impact on coral reefs, seagrasses and other benthic communities. These regulations will further enhance the protection of the Great Barrier Reef from the impacts of sewage discharges.
The Great Barrier Reef Marine Park Amendment Act 2001 inserted a number of new provisions into the Act which relate to illegal fishing and shipping. The Amendment Regulations insert a provision into the principal Regulations which deems that a permission granted under regulations 13 or 22 is declared to be a permission to which new paragraphs 38CB(1)(c), 38MA(1)(d), and 38MA(3)(c) of the Act apply.
The Amendment Regulations commence on the commencement of the Great Barrier Reef Marine Park Amendment Act 2001.
Overview
The Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 3) were enacted to address the need for additional regulatory measures in the Great Barrier Reef Marine Park, complementing the provisions of the Great Barrier Reef Marine Park Act 1975. This legislative amendment was introduced to provide further protection for the sensitive marine environments within the Park, particularly in relation to compulsory pilotage areas and the regulation of sewage discharges from vessels. The regulations were enacted by the Commonwealth Parliament and are intended to enhance the enforcement of existing laws by providing clearer guidelines on compulsory pilotage areas and prohibiting harmful sewage discharges. The policy objective behind these regulations is to ensure the protection and preservation of the Great Barrier Reef ecosystem, safeguarding it against potential threats posed by human activities.
Scope and Application
The Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 3) apply to the Great Barrier Reef Marine Park, extending from the northern tip of Cape York to the southern end of the Capricorn Bunker Group, and encompass the waters within this geographic boundary. The regulations are made under the Great Barrier Reef Marine Park Act 1975, and apply to all vessels and aircraft operating within the Marine Park. They also extend to persons and entities involved in activities that could potentially harm the marine environment, such as the discharge of sewage from vessels. The regulations establish compulsory pilotage areas for certain shipping routes to enhance navigational safety and reduce the risk of pollution. Additionally, they regulate the discharge of sewage from vessels within the Marine Park to protect the sensitive marine environments from harmful impacts, including the spread of pathogens and the degradation of coral reefs and seagrasses. The regulations also deem certain permissions granted under the Great Barrier Reef Marine Park Regulations 1983 to be subject to new provisions in the Great Barrier Reef Marine Park Act 1975, thereby aligning permissions with updated legal standards and enforcement measures. These regulations do not apply to activities outside the geographic scope of the Great Barrier Reef Marine Park, nor do they cover matters that are explicitly excluded or exempted by the parent Act or any other applicable legislation. The regulations may be further elaborated or modified by subordinate instruments as necessary to meet evolving conservation needs and regulatory requirements.
Key Provisions
The Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 3) (the "Regulations") provide detailed provisions that operate in conjunction with the Great Barrier Reef Marine Park Act 1975 (the "Act"). The Regulations are designed to protect the marine environment and ensure the sustainable use of the Great Barrier Reef Marine Park. Under section 3(1) of the Act, as amended, the Regulations declare compulsory pilotage areas in the Marine Park, specifically for the inner shipping route north of Low Isles (north of Cairns), Hydrographer's Passage (offshore Mackay), and the Whitsundays (subsection 3(1)). These areas require vessels over 70 metres in length, or vessels that are loaded oil tankers, chemical carriers, or liquefied gas carriers, to carry a licensed pilot while navigating through these zones. This measure is intended to reduce the risk of accidents and environmental damage by ensuring that vessels are navigated by experienced pilots in these potentially hazardous areas.
The Regulations also impose obligations on parties and entities to comply with specific requirements aimed at minimising environmental harm. For example, under section 38J of the Act, as amended by the Great Barrier Reef Marine Park Amendment Act 2001, it is an offence to discharge waste in the Marine Park without the appropriate permission. The Regulations further refine this requirement by addressing the discharge of sewage from vessels, which is explicitly prohibited unless authorised by a relevant permission. This ensures that vessels operating in the Marine Park adhere to strict standards to prevent pollution that could harm marine life and ecosystems.
Violators of these Regulations may face serious consequences. Under section 38J(1) of the Act, intentionally or negligently discharging waste in the Marine Park without the necessary permission constitutes an offence. The maximum penalties for such offences can include substantial fines and, in some cases, imprisonment. For instance, individuals found guilty of discharging sewage without the required permission may face fines of up to $11,000 and/or imprisonment for up to six months. Corporations may incur even higher fines, with penalties reaching up to $550,000. These stringent penalties are designed to deter non-compliance and underscore the importance of protecting the Great Barrier Reef Marine Park from harmful activities.