Great Barrier Reef Marine Park Amendment Regulations 2003 (No. 1) 2003 No. 20
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 20
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 2003 (No. 1)
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)(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 describe a further cruise ship anchorage in the Whitsundays Planning Area in the Central Section of the Great Barrier Reef Marine Park.
The Regulations describe for the purposes of the Whitsundays Plan of Management, an additional cruise ship anchorage in the Whitsundays Planning Area. There are already 7 areas described as cruise ship anchorages in Schedule 9 to the Great Barrier Reef Marine Park Regulations 1983 ("the principal Regulations").
Cruise ship anchorages are areas that have been identified and set aside for cruise ships to anchor with a permit.
Details of the Regulations are as follows:
Regulation 1 provides that the name of the Regulations is the Great Barrier Reef Marine Park Amendment Regulations 2003 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 - Amendments
Amendment 1 amends Schedule 9 to the principal Regulations by inserting a new clause 9 containing the boundary description for a new cruise ship anchorage in the Whitsundays Planning Area. The new cruise ship anchorage is known as the "Fitzalan Passage Cruise Ship Anchorage".
The Regulations commence on gazettal.
Overview
The Great Barrier Reef Marine Park Amendment Regulations 2003 (No. 1) were enacted to address the need for additional designated cruise ship anchorages within the Whitsundays Planning Area in the Central Section of the Great Barrier Reef Marine Park. This regulation was issued by authority of the Minister for the Environment and Heritage under the Great Barrier Reef Marine Park Act 1975. The primary policy objective behind these regulations was to provide a further cruise ship anchorage area, thereby contributing to the effective management and protection of the marine environment while accommodating the needs of the cruise industry. The regulations were designed to be consistent with existing laws and zoning plans, ensuring that the addition of a new anchorage area does not compromise the ecological integrity of the Marine Park.
Scope and Application
The Great Barrier Reef Marine Park Amendment Regulations 2003 (No. 1) apply to vessels, including cruise ships, and aircraft that operate within the Great Barrier Reef Marine Park, particularly in the Whitsundays Planning Area in the Central Section of the Park. The Regulations serve to further regulate the use and passage of these vessels and aircraft in and over the Marine Park, specifically by designating an additional cruise ship anchorage. The geographic scope of the Regulations is limited to the Great Barrier Reef Marine Park, which is a Commonwealth-managed area extending along the coast of Queensland. The Regulations do not apply to state or territory waters outside the Marine Park. The stated purpose is to provide a detailed description of a new cruise ship anchorage, Fitzalan Passage, which complements the seven existing anchorages specified in the Great Barrier Reef Marine Park Regulations 1983. These cruise ship anchorages are areas designated for cruise ships to anchor, subject to holding a permit. The Regulations do not specify any exclusions or exemptions from their application and are made under the authority granted by the Great Barrier Reef Marine Park Act 1975, with any subordinate instruments being subject to the same jurisdictional and regulatory constraints as the principal Act.
Key Provisions
The main operative sections of the Great Barrier Reef Marine Park Amendment Regulations 2003 (No. 1) include Regulation 3, which amends Schedule 9 of the Great Barrier Reef Marine Park Regulations 1983 (the principal Regulations) by adding a new clause 9 (section 3). This new clause describes the boundary for a newly established cruise ship anchorage in the Whitsundays Planning Area, known as the "Fitzalan Passage Cruise Ship Anchorage." This addition allows for an additional area where cruise ships can anchor with a permit, expanding the existing seven designated cruise ship anchorages.
The amendments imposed by these Regulations primarily concern the designated areas for cruise ship anchorages within the Great Barrier Reef Marine Park. Specifically, they mandate the addition of the Fitzalan Passage Cruise Ship Anchorage to Schedule 9 of the principal Regulations, ensuring that this new area is officially recognised and regulated under the Act (section 3, Schedule 1). This means that any vessel anchoring in this newly designated area must comply with the regulations governing cruise ship anchorages, which include obtaining the necessary permits and adhering to any specific conditions set for that area.
Breaching the regulations concerning the use of vessels or aircraft within the Great Barrier Reef Marine Park can lead to significant consequences. Offences may include unauthorised anchoring of vessels, failure to obtain necessary permits, or non-compliance with specific conditions for designated anchorages. Under the Great Barrier Reef Marine Park Act 1975, penalties for breaches can include fines and, in severe cases, imprisonment. For instance, offences involving the use of vessels or aircraft without the requisite permits may incur fines of up to $55,000 for individuals and $275,000 for corporations, with additional penalties for repeat or serious breaches. These stringent measures are designed to protect the marine environment and ensure the sustainable management of the Great Barrier Reef.