Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 3)

Overview

The Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 3) were enacted to bolster enforcement of fishing restrictions within the Great Barrier Reef Marine Park, as stipulated by the Great Barrier Reef Marine Park Zoning Plan 2003. This legislative instrument was developed under the authority granted by subsection 66(1) of the Great Barrier Reef Marine Park Act 1975, enabling the Governor-General to make regulations necessary for carrying out or giving effect to the Act. The primary objective of these regulations is to deter unauthorised fishing in the Marine National Park Zone, also known as the Green Zone, by introducing a strict liability offence with a maximum penalty of 50 penalty units and an infringement notice penalty of 10 penalty units, translating to an on-the-spot fine of $1,100. This measure aims to strengthen the enforcement regime, ensuring stricter compliance with the zoning regulations designed to protect and conserve the marine environment. The Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 3) were issued by the Minister for the Environment and Heritage and are a legislative instrument under the Legislative Instruments Act 2003. They commenced on the day following their registration on the Federal Register of Legislative Instruments, and the Great Barrier Reef Marine Park Authority did not conduct specific consultations on these regulations. The Office of Regulation Review confirmed that a Regulation Impact Statement was not required due to the minor and machinery nature of the amendments, which do not substantially alter existing arrangements. The Regulations amend the Great Barrier Reef Marine Park Regulations 1983, introducing new offences and penalties to enhance the enforcement of fishing restrictions within the Marine National Park Zone, thereby supporting the conservation objectives of the Great Barrier Reef Marine Park Act 1975.

Scope and Application

The Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 3) are a legislative instrument designed to enhance the enforcement of fishing restrictions within the Great Barrier Reef Marine Park, specifically within the Marine National Park Zone, also known as the Green Zone. These Regulations apply to all persons and entities conducting activities within the Marine Park, focusing particularly on fishing practices. The aim is to ensure compliance with the Great Barrier Reef Marine Park Zoning Plan 2003, which delineates zones and sets out the permissible activities within each. The Regulations, which were enacted under the authority of the Great Barrier Reef Marine Park Act 1975, apply to the entire Marine Park area, thereby enforcing zoning regulations across the Commonwealth jurisdiction. Notably, the Regulations introduce a strict liability offence for unauthorised fishing in the Green Zone, providing a deterrent mechanism through the imposition of fines. This offence is subject to an infringement notice penalty of up to ten penalty units, with a maximum penalty of 50 penalty units, and aims to bolster day-to-day enforcement efforts by allowing on-the-spot fines of up to $1,100. The Regulations do not specify any exclusions or exemptions, thus applying uniformly to all persons and entities within the specified zones. Any further application or interpretation of these Regulations may be extended or restricted through subordinate instruments as authorised by the Act.

Key Provisions

The Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 3) amend the Great Barrier Reef Marine Park Regulations 1983 to enhance enforcement of fishing restrictions within the Marine National Park Zone, also known as the Green Zone, of the Great Barrier Reef Marine Park. The main operative sections are Regulation 2, which sets the commencement date of the Regulations, and Schedule 1, which amends the Great Barrier Reef Marine Park Regulations 1983. Regulation 73BA, inserted by Schedule 1, Item 2, makes it an offence to fish in the Green Zone without written permission from the Authority or unless the fishing is conducted in accordance with an accredited traditional use of marine resources agreement. This offence is subject to a maximum penalty of 50 penalty units, and the offence is of strict liability. Regulation 73BA(3) provides a definition of ‘fish’ for the purposes of Regulation 73BA(1). The Regulations impose obligations on persons conducting activities in the Green Zone, requiring them to obtain written permission from the Authority to fish, except in cases where an accredited traditional use of marine resources agreement applies. Failure to comply with these obligations may result in enforcement actions, including the issuance of infringement notices and potential prosecution. The Regulations introduce specific obligations for individuals and entities conducting activities within the Green Zone. Primarily, these obligations require written permission from the Authority to fish in the Green Zone, except where an accredited traditional use of marine resources agreement applies. This permission process ensures that activities within the Green Zone align with the conservation and management objectives of the Great Barrier Reef Marine Park. Additionally, the Regulations mandate compliance with any prescribed requirements under the Great Barrier Reef Marine Park Regulations 1983, further ensuring that activities are conducted in accordance with the established guidelines and objectives of the Marine Park. Enforcement officers are empowered to take action against persons who fail to meet these obligations, including the issuance of infringement notices and potential prosecution. The Regulations establish penalties and consequences for breaches of the introduced offences. Specifically, Regulation 73BA(1) provides that it is an offence to fish in the Green Zone without written permission from the Authority or unless the fishing is conducted in accordance with an accredited traditional use of marine resources agreement. The maximum penalty for this offence is 50 penalty units. Regulation 73BA(2) specifies that this offence is of strict liability, meaning that it is not necessary to prove intent or negligence on the part of the offender. The Regulations also classify this offence as an infringement notice offence, with an infringement notice penalty of 10 penalty units, which allows for an on-the-spot fine of $1,100. These penalties and consequences are designed to deter potential offenders from engaging in unauthorised fishing activities in the Green Zone, thereby enhancing the enforcement regime and protecting the ecological integrity of the Great Barrier Reef Marine Park.