Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017 and the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017
Notice under subsection 39ZE(4) of the Great Barrier Reef Marine Park Act 1975 – Alteration to the amendment of the Whitsundays Plan of Management 1998.
Having taken into account comments made in accordance with a notice given under subregulation 39ZE(1) of the Great Barrier Reef Marine Park Act 1975 (the Act), the Great Barrier Reef Marine Park Authority (the Authority) hereby gives public notice that the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017 (the Amendment of the Plan) has been altered in accordance with the power given to the Authority under paragraph 39ZE(3)(a) of the Act.
To complement the Amendment of the Plan, consequential amendments have been made to the Great Barrier Reef Marine Park Regulations 1983 by the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 1983 (the Amendment of the Regulations).
Copies of the Amendment of the Plan and the Amendment of the Regulations may be downloaded from www.gbrmpa.gov.au or obtained from the following address:
Great Barrier Reef Marine Park Authority
2-68 Flinders Street
GPO Box 1379
TOWNSVILLE QLD 4810
Overview
The Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017 and the associated regulations were enacted to amend the Whitsundays Plan of Management 1998 for the Great Barrier Reef Marine Park. This legislative update addresses specific issues related to the management of the Whitsundays area within the Great Barrier Reef Marine Park, aiming to enhance the protection and sustainable use of this region. The Authority was given notice under subsection 39ZE(4) of the Great Barrier Reef Marine Park Act 1975, which allows for alterations to the Whitsundays Plan of Management based on public feedback. The policy objective is to ensure that the amendments reflect the best available information and stakeholder input, thus improving the management practices for the Whitsundays area. This amendment and its regulations are designed to balance conservation efforts with the needs of the local community and industries operating within the Park.
Scope and Application
The Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017, as amended, applies specifically to the Whitsundays region within the Great Barrier Reef Marine Park, which is governed by the Great Barrier Reef Marine Park Act 1975. This legislation is pertinent to individuals, businesses, and entities that engage in activities within the Whitsundays Plan of Management area, including tourism operators, fishers, and other stakeholders who conduct activities in this marine park region. The geographic reach of this Act is confined to the Commonwealth, with the Great Barrier Reef Marine Park Authority having jurisdiction over the implementation and enforcement of these regulations. The Act includes provisions for exclusions and exemptions, as well as thresholds for certain activities, which are detailed in the accompanying regulations. Additionally, the scope and application of the Act may be extended or restricted through subordinate instruments, such as the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017, which provide further clarification and operational details for compliance with the amended plan.
Key Provisions
The Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017 (section 1) and the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017 (section 1) amend the Whitsundays Plan of Management 1998 and the Great Barrier Reef Marine Park Regulations 1983 respectively. The amendments reflect the feedback received from the public under subregulation 39ZE(1) of the Great Barrier Reef Marine Park Act 1975 (the Act). The Great Barrier Reef Marine Park Authority (the Authority) has the power to alter the Amendment of the Plan under paragraph 39ZE(3)(a) of the Act, and has done so to reflect the public comments. The amendments are intended to ensure the sustainable use and protection of the Great Barrier Reef Marine Park.
The Authority imposes certain obligations and requirements on parties and entities governed by the amended Plan and Regulations. These include ensuring that activities within the Whitsundays region are managed in a way that protects the health and integrity of the Great Barrier Reef ecosystem. This includes restrictions on certain types of fishing, anchoring and other activities that may harm the reef. Additionally, the Authority requires entities to obtain permits or authorisations where necessary, and to comply with any conditions attached to those permits or authorisations.
Breaches of the amended Plan and Regulations may result in civil or criminal penalties. For example, unauthorised activities that harm the reef may result in fines or imprisonment. The maximum penalties for breaches of the amended Plan and Regulations vary depending on the offence, and can range from fines of up to $66,000 for individuals and $330,000 for corporations, to imprisonment for up to two years. The Authority has the power to issue infringement notices for minor offences, which can result in fines of up to $5,500 for individuals and $27,500 for corporations. It is important for parties and entities governed by the amended Plan and Regulations to understand their obligations and to comply with them to avoid any potential penalties or consequences.