Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1)

Administered by Department of the Environment and Energy

Legislation au F2007L00516 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT


Select Legislative Instrument 2007 No. 32

 

Issued by Authority of the Minister for the Environment and Water Resources

 

Great Barrier Reef Marine Park Act 1975

 

Great Barrier Reef Marine Park Amendment Regulations 2007 (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 the Act or with a zoning plan, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Without limiting the generality of subsection 66(1) of the Act, regulations may be made providing for the protection and preservation of the Great Barrier Reef Marine Park (the Marine Park) and things in the Marine Park (paragraph 66(2)(f)); regulating the conduct of persons in the Marine Park (paragraph 66(2)(i)); and regulating the use of vessels in the Marine Park (paragraph 66(2)(o)).

 

The purpose of the Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1) (the Regulations) is to make minor amendments to certain offence provisions regulating interactions with cetaceans (whales or dolphins) to provide greater certainty to operators of vessels as to how they must operate their vessels within certain distances of cetaceans. In particular, the amendments to the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations) replace the phrase “constant slow speed” with the phrase “constant speed of less than 6 knots”. The amendments also provide a Note informing vessel operators that a boat travelling at a brisk walking pace is not exceeding 6 knots.

 

The Regulations also re-insert into regulation 15 a table listing restricted species for fishing or collecting, which was inadvertently deleted with amendments made to regulation 15 by the Great Barrier Reef Marine Park Amendment Regulations (No. 2) 2006.

 

The Great Barrier Reef Marine Park Authority did not undertake consultation specifically on the proposed Regulations. In relation to the amendments to the cetacean provisions, the Office of Best Practice Regulation has confirmed that a Regulation Impact Statement is likely not required as the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. A copy of that advice is at Attachment A.

 

Details of the Regulations are set out in Attachment B.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered.


Attachment A

 


Attachment B

 

Details of the Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1)

 

Regulation 1 provides that the name of the Regulations is the Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1).

 

Regulation 2 provides that the Regulations commence on the day after they are registered.

 

Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations).

 

Schedule 1 – Amendments

 

Item [1] – Subregulation 15 (2), after the note

Item [1] amends regulation 15 by inserting Table 15 – restricted species for fishing or collecting. This Table had been inadvertently deleted by the amendment to regulation 15 made by the Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 2).

 

Item [2] – Subregulation 117D (3)

Item [2] amends subregulation 117D (3) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that a prohibited vessel must move at a constant speed of less than 6 knots away from a cetacean that is approaching so that the vessel remains at least 300 metres away from a cetacean.

 

Item [3] – Subregulation 117D (3)

Item [3] inserts an explanatory note to subregulation 117D (3), which provides that a boat travelling at a brisk walking pace is not exceeding 6 knots.

 

Item [4] – Paragraph 117E (2) (a)

Item [4] amends paragraph 117E (2) (a) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that within the caution zone of a cetacean a vessel must be operated at a constant speed of less than 6 knots.

 

Item [5] – Paragraph 117E (2) (c)

Item [5] amends paragraph 117E (2) (c) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that if a cetacean shows signs of being disturbed, the vessel must be immediately withdrawn from the caution zone at a constant speed less of less than 6 knots.

 

Item [6] – Subparagraph 117F (3) (b) (iii)

Item [6] amends subparagraph 117F (3) (b) (iii) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that if a calf appears within the caution zone, the vessel must be withdrawn from the caution zone at a constant speed of less than 6 knots.

 

Overview

The Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1) were enacted to make minor amendments to the Great Barrier Reef Marine Park Regulations 1983, specifically concerning the operation of vessels in the vicinity of cetaceans such as whales and dolphins. This legislative instrument was introduced by the Australian government under the authority granted by the Great Barrier Reef Marine Park Act 1975. The primary objective of these amendments is to clarify the requirements for vessel operators to maintain a safe distance from cetaceans, thereby ensuring the protection and preservation of these marine animals. The regulations were enacted without the need for a Regulation Impact Statement as they were deemed to be of a minor or machinery nature, and did not substantially alter existing arrangements. These amendments provide greater certainty to vessel operators by replacing the phrase "constant slow speed" with "constant speed of less than 6 knots," and by including a note that clarifies what constitutes a brisk walking pace in nautical terms.

Scope and Application

The Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1) pertain to the operations within the Great Barrier Reef Marine Park, specifically addressing the conduct of vessels and their interactions with cetaceans, such as whales and dolphins. These regulations apply to all vessels operating within the Marine Park, ensuring compliance with provisions designed to protect marine life and maintain the ecological integrity of the area. The geographic scope of these regulations is limited to the boundaries of the Great Barrier Reef Marine Park, which is a Commonwealth-managed area. The Regulations were made under the authority of the Great Barrier Reef Marine Park Act 1975 and aim to amend certain offence provisions concerning cetaceans to clarify operational requirements for vessel operators. Notably, these Regulations replace the phrase “constant slow speed” with “constant speed of less than 6 knots” to provide explicit guidance on the permissible speed of vessels near cetaceans. Additionally, the Regulations reinstate a table of restricted species for fishing or collecting that was inadvertently omitted in a previous amendment. The changes introduced by these Regulations are of a minor nature, focusing on enhancing certainty and clarity for vessel operators without substantially altering existing arrangements.

Key Provisions

The Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1) amend the existing Great Barrier Reef Marine Park Regulations 1983 (Principal Regulations). The main changes include the replacement of the phrase “constant slow speed” with “constant speed of less than 6 knots” in several provisions, to provide clearer guidance to vessel operators (Reg. 2, Schedule 1, Items [2], [4], [5], and [6]). Additionally, a table listing restricted species for fishing or collecting, which was inadvertently omitted in a previous amendment, is re-inserted into regulation 15 (Reg. 3, Schedule 1, Item [1]). The Regulations also include an explanatory note indicating that a boat travelling at a brisk walking pace is not exceeding 6 knots (Reg. 3, Schedule 1, Item [3]). Under the Regulations, vessel operators within the Great Barrier Reef Marine Park are required to adhere to specific speed limits when in close proximity to cetaceans, such as whales and dolphins. Specifically, operators must ensure that their vessels move at a constant speed of less than 6 knots away from an approaching cetacean to maintain a distance of at least 300 metres (Reg. 3, Schedule 1, Item [2]). Within the caution zone of a cetacean, vessels must be operated at a constant speed of less than 6 knots, and if a cetacean shows signs of disturbance, the vessel must be withdrawn immediately at a speed of less than 6 knots (Reg. 3, Schedule 1, Items [4] and [5]). These requirements are designed to minimise the impact of vessel activity on cetaceans and their habitats. Failure to comply with the provisions of the Regulations may result in civil or criminal penalties. For instance, operating a vessel in a manner that disturbs a cetacean could be considered a contravention of the regulations, potentially leading to enforcement actions by the Great Barrier Reef Marine Park Authority (Reg. 3, Schedule 1, Items [4] and [5]). While the Explanatory Statement does not specify the exact penalties, it is reasonable to infer that breaches could result in fines or other sanctions under the Great Barrier Reef Marine Park Act 1975 and related legislation. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law and regulatory guidelines.

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