Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 6)

Overview

The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 6), issued under the authority of the Minister for the Environment and Heritage, are an amendment to the Great Barrier Reef Marine Park Regulations 1983. These regulations address the need for a modernised approach to managing permissions for certain activities within the Great Barrier Reef Marine Park, by enabling the Great Barrier Reef Marine Park Authority to maintain a register of permissions and related information electronically and to make this register accessible via the Internet. The policy objective is to streamline the administration and public access to permit information, thus facilitating more efficient management of activities that require authorisation within the marine park. The Regulations aim to improve transparency and accessibility of the permit system, ensuring that the Authority can effectively manage and monitor activities while providing the public with easier access to relevant information.

Scope and Application

The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 6) amend the existing Great Barrier Reef Marine Park Regulations 1983 by introducing provisions that allow the Great Barrier Reef Marine Park Authority to maintain a register of permissions and related information in electronic form and make this register available for inspection on the Internet. These Amendment Regulations apply to the Authority, which is responsible for managing the operations within the Great Barrier Reef Marine Park as established under the Great Barrier Reef Marine Park Act 1975. The jurisdictional scope of these Regulations is limited to the Commonwealth of Australia, specifically targeting the administration and regulation of activities within the Great Barrier Reef Marine Park. There are no specific exclusions or exemptions mentioned in the text, but the Regulations do not alter the existing legal framework governing the Park or the types of permissions required for various activities. The authority to further detail and refine these Regulations through subordinate instruments remains under the purview of the Minister for the Environment and Heritage, ensuring flexibility in implementation and adaptation to new technological or administrative requirements.

Key Provisions

The Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 6) (the "Regulations") introduce provisions for maintaining a register of permissions and related information by the Great Barrier Reef Marine Park Authority (the "Authority") in electronic form, which can be made available for inspection on the Internet. Regulation 1 names the Regulations, while Regulation 2 states that they commence on gazettal. Regulation 3 specifies that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983 (the "principal Regulations"). Schedule 1 amends the principal Regulations to establish the register of permissions and related information (Regulation 59A). The Authority may maintain this register either solely in electronic form or in any form it chooses (subregulation 59A(2)). The register must include specific types of information (subregulation 59A(3)), and it defines "permission" for the purposes of the regulation (subregulation 59A(4)). Additionally, the register can be made available for inspection on the Internet (subregulation 59B(2)). When the register is in electronic form, providing a printout of a document or information from the register is deemed to be the provision of a copy (subregulation 59C(3)). Regulation 123A requires that applications, documents, or information submitted to the Authority must be in an electronic form that meets specific information technology requirements. These Regulations impose several obligations on the Authority. Primarily, the Authority must maintain a register of permissions and related information, which can be kept in electronic form and made available for inspection on the Internet. Furthermore, the Authority must ensure that applications, documents, and information submitted to it meet specific electronic form and information technology requirements. These obligations are designed to streamline the management and accessibility of permissions and related information within the Great Barrier Reef Marine Park. The Regulations do not explicitly outline offences or penalties for breaches. However, failure to comply with the requirements to maintain the register and submit information in the required electronic form could result in administrative consequences under the Great Barrier Reef Marine Park Act 1975. These might include enforcement actions taken by the Authority or legal proceedings for non-compliance with the regulations. Specific penalties are not detailed in the Amendment Regulations but would be subject to the broader legislative framework governing the Great Barrier Reef Marine Park.