Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 2) 2002 No. 73
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 73
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 2002 (No. 2)
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 nor 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. Paragraph 66(2)(b) of the Act provides for the making of regulations giving effect to, and enforcing the observance of, zoning plans.
A zoning plan sets out the framework for planning and management for a section of the Great Barrier Reef Marine Park ("the Marine Park") and sets out the purposes for which that section may be used or entered.
Subsection 66(4) of the Act states that a regulation is taken not to be inconsistent with a zoning plan merely because it further regulates or prohibits an activity that is otherwise allowed or permitted by the zoning plan.
The purpose of the Regulations is to give effect to the new Far Northern Section Zoning Plan ("the zoning plan") which was tabled in Parliament on 6 March 2000.
The Regulations:
• Prescribe the matters which are to be addressed when applying for a relevant permission to conduct an activity in the Far Northern Section of the Marine Park (Items 6 - 13);
• Outline the matters that the Great Barrier Reef Marine Park Authority ("the Authority") must take into account when considering an application for a relevant permission to conduct an activity in the Far Northern Section of the Marine Park (Item 14);
• Declare the purposes for which the Authority must not grant a permission to use or enter the Remote Natural Area of the Far Northern Section of the Marine Park (Item 18);
• Declare the activities that are prohibited in the Habitat Protection Zone, Conservation Park Zone, Buffer Zone, National Park Zone, and the Preservation Zone (Item 18);
• Provide for the designation of areas of the Far Northern Section of the Marine Park as Seasonal Closure Areas, Restricted Access Areas, Replenishment Areas, Shipping Areas, or Cruise Ship Anchorage Areas (Item 19); and
• Provide for the declaration of the application of Special Management Provisions for designated areas (Item 19).
The Regulations also make other minor amendments to the Great Barrier Reef Marine Park Regulations 1983. The amendments ensure a consistent approach across all sections of the Marine Park for the processing of applications for relevant permissions.
Subsection 32(1) of the Act provides that as soon as practicable after an area has been declared to be part of the Marine Park, the Authority shall prepare a zoning plan in respect of that area. The Far Northern Section of the Marine Park was declared to be a part of the Marine Park on 25 August 1983 by a proclamation published in the Gazette on 31 August 1983. The zoning plan for the Far Northern Section of the Marine Park came into effect on 1 February 1986.
Subsection 37(1) of the Act provides that the Authority may at any time amend a zoning plan. Subsection 37(2) provides that a zoning plan in respect of an area may be revoked by a new zoning plan in respect of that area, but the revocation shall not take effect until the new zoning plan comes into operation. The new Far Northern Section Zoning Plan was tabled in Parliament on 6 March 2000. The Regulations give effect to that zoning plan.
A Regulation Impact Statement was prepared for the Far Northern Section Zoning Plan. Copies of that Regulation Impact Statement can be obtained by contacting the Great Barrier Reef Marine Park Authority on (07) 47 500 700.
The Regulations commence on gazettal.
Overview
The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 2) were enacted under the authority of the Minister for the Environment and Heritage and pursuant to the Great Barrier Reef Marine Park Act 1975. These regulations were designed to address the need for updated management practices within the Far Northern Section of the Great Barrier Reef Marine Park. The primary objective of these regulations is to give effect to the new Far Northern Section Zoning Plan, which was tabled in Parliament on 6 March 2000, ensuring that the park's management adapts to contemporary conservation needs and operational requirements. The regulations outline specific matters for applications related to activities in the Far Northern Section, dictate considerations for the Great Barrier Reef Marine Park Authority when processing these applications, and establish prohibitions and special management provisions for various zones within the park.
Scope and Application
The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 2) apply to the Far Northern Section of the Great Barrier Reef Marine Park and are made pursuant to the Great Barrier Reef Marine Park Act 1975. These regulations implement the new Far Northern Section Zoning Plan, tabled in Parliament on 6 March 2000, and aim to ensure that activities within this section of the Marine Park are conducted in a manner that aligns with the objectives of the zoning plan. They apply to any person or entity wishing to conduct an activity within the designated zones of the Far Northern Section, including industries such as tourism, fishing, and shipping. The regulations specify the requirements for obtaining permissions, outline the considerations for the Great Barrier Reef Marine Park Authority when processing applications, and detail prohibited activities and special management provisions for specific zones. The regulations also encompass minor amendments to the existing Great Barrier Reef Marine Park Regulations 1983 to ensure uniformity in application processing across the entire Marine Park. These regulations are issued under Commonwealth authority and have a national reach, with the Great Barrier Reef Marine Park being a Commonwealth-protected area.
Key Provisions
The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 2) serve to implement the new Far Northern Section Zoning Plan, which was tabled in Parliament on 6 March 2000. These regulations set out specific requirements and considerations for applying for permissions to conduct activities within the Far Northern Section of the Marine Park. For example, they detail the information that must be included in an application for such a permission (Items 6 to 13) and the factors the Great Barrier Reef Marine Park Authority must consider when evaluating these applications (Item 14). Additionally, they declare the purposes for which permissions to use or enter the Remote Natural Area are not to be granted (Item 18), and outline the activities that are prohibited in various zones such as the Habitat Protection Zone, Conservation Park Zone, Buffer Zone, National Park Zone, and Preservation Zone.
The Regulations impose obligations on both applicants and the Authority. For applicants, these obligations include providing specific information and documentation when applying for a permission to conduct an activity within the Marine Park. The Authority, on the other hand, must take into account the outlined matters when processing these applications, ensuring that all decisions are made in line with the purposes and protections intended by the new zoning plan. These requirements are intended to facilitate the effective management and protection of the Marine Park, ensuring that activities are conducted in a manner that is consistent with the ecological and conservation objectives of the area.
Breaches of the Regulations can result in various consequences, including civil and criminal penalties. For instance, engaging in a prohibited activity within a designated zone may result in fines or even imprisonment, depending on the severity of the violation. The specific penalties are not detailed in the explanatory statement but are likely to be consistent with the broader framework provided by the Great Barrier Reef Marine Park Act 1975 and other relevant legislation. The regulations are designed to ensure that activities within the Marine Park are conducted in a manner that is consistent with the objectives of the zoning plan and the broader goals of marine conservation and sustainable use.