Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 3) 2002 No. 112
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 112
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. 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 nor with a zoning plan, prescribing all matters required or convenient to be prescribed for carrying out or giving effect to this Act.
Paragraph 66(2)(ba) of the Act provides that regulations may be made to give effect to the enforcement provisions of an amendment of a plan of management.
Paragraph 66(2)(o) of the Act provides that regulations may be made to 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.
The purpose of the Regulations is to give effect to the amendments to two Plans of Management for the Cairns Area and Whitsundays and prescribe areas of the Whitsundays Planning Area as cruise ship anchorage areas.
The Regulations:
• Give effect to the enforcement provisions of the Cairns Area Plan of Management and the Whitsundays Plan of Management as amended by the Cairns Area Plan of Management Amendment 2002 (No. 1) and the Whitsundays Plan of Management Amendment 2002 (No. 1) respectively.
• Section 39ZG of the Act provides that the Authority may, in writing, prepare an amendment of a plan of management for the Great Barrier Reef Marine Park (the Marine Park). Both the Cairns Planning Area and the Whitsundays Planning Area are subject to high-density tourism and recreational activities. The Authority has prepared Plans of Management to manage the level of tourism and recreational activities and their associated impacts to the Planning Areas. The Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998 were gazetted on 28 June 1998. The Authority has subsequently made amendments to both Plans to further manage both access and usage of the Planning Areas and to implement management strategies for new or arising issues.
• The Regulations also prescribe, for the purposes of the Whitsundays Plan of Management, those areas of the Whitsundays Planning Area that are designated as cruise ship anchorage areas.
• Cruise ship anchorage areas are areas that have been set aside in the Whitsundays Planning Area for cruise ships to access with a permit. Cruise ship anchorages are areas which are likely to be safer for cruise ships to anchor and where the likelihood of adverse environmental impact is low.
The Regulations commence on gazettal.
Overview
The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 3) were enacted to provide the legislative framework for managing the high-density tourism and recreational activities within the Cairns and Whitsundays Planning Areas of the Great Barrier Reef Marine Park. This regulation was introduced to give effect to amendments of the Cairns Area Plan of Management and the Whitsundays Plan of Management, both of which were amended in 2002 to better manage the impacts of tourism and recreational activities. Additionally, the regulations designate specific areas within the Whitsundays Planning Area as cruise ship anchorage areas, which are intended to minimise the environmental impact while allowing for safe access by cruise ships. These regulations were issued by the authority of the Minister for the Environment and Heritage under the Great Barrier Reef Marine Park Act 1975, aiming to support the enforcement provisions of the amended management plans and ensure that the use of vessels and aircraft within the Marine Park is regulated appropriately.
Scope and Application
The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 3) applies to the enforcement of the amended plans of management for the Cairns and Whitsundays areas within the Great Barrier Reef Marine Park. The regulations are designed to give effect to the enforcement provisions stipulated in the amended Cairns Area Plan of Management and the Whitsundays Plan of Management. These areas are under the jurisdiction of the Great Barrier Reef Marine Park Authority, and the regulations aim to manage the high-density tourism and recreational activities impacting these regions. The scope of the Act extends to regulating the use of vessels and aircraft within the Marine Park and includes the designation of specific areas as cruise ship anchorage zones in the Whitsundays Planning Area. These zones are meant to ensure the safety of cruise ships while minimising environmental impacts. The regulations do not specify any exclusions or exemptions and are applicable from the date of their gazettal. The Act’s reach is limited to the Commonwealth jurisdiction, and it does not extend to state or territory laws unless otherwise specified in subordinate instruments.
Key Provisions
The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 3) encompass several key sections that establish specific rules and guidelines. Section 3 gives effect to the amendments in the management plans for the Cairns and Whitsundays areas. These amendments aim to address the high-density tourism and recreational activities in these areas and their associated environmental impacts. Section 4 prescribes areas within the Whitsundays Planning Area that are designated as cruise ship anchorage zones. These zones are intended to be safer for cruise ships to anchor and to minimise the risk of adverse environmental effects.
These Regulations impose specific obligations on various parties. Firstly, they mandate adherence to the amended Plans of Management for the Cairns and Whitsundays areas. This includes complying with the provisions outlined in these plans, which address access, usage, and management strategies for tourism and recreational activities. Secondly, the Regulations require that any cruise ships anchoring in the designated cruise ship anchorage areas must do so with a permit. This ensures that the activities are monitored and regulated to protect the marine environment.
Failure to comply with the Regulations can result in several consequences. Under the Great Barrier Reef Marine Park Act 1975, breaches may lead to civil or criminal penalties. The specific penalties depend on the nature and severity of the breach. Civil penalties can include fines, while criminal penalties may result in more severe fines or even imprisonment. The exact penalties are determined by the courts based on the circumstances of each case, but they are designed to enforce compliance and protect the marine environment of the Great Barrier Reef.