Great Barrier Reef Marine Park (Declaration of No-Anchoring Areas —Townsville/Whitsunday Management Area) Notifiable Instrument 2021
I, Joshua Thomas, Chief Executive Officer of the Great Barrier Reef Marine Park Authority (the Authority), acting under paragraph 5(2)(b) of the Great Barrier Reef Marine Park Regulations 2019 (the Regulations) as delegate of the Authority, and having had regard to the matters in subsection 5(3) of the Regulations, declare that on the date of commencement of the Great Barrier Reef Marine Park Amendment (No-Anchoring Areas) Regulations 2021:
- The Great Barrier Reef Marine Park (Declaration of Whitsundays No-Anchoring Areas) Notifiable Instrument 2020, dated 13 July 2020, is revoked; and
- Each of the areas shown on the maps in Schedules 1, 2 and 3, inshore or enclosed by the no-anchoring area boundary line, is a no-anchoring area for the purposes of the definition of no-anchoring area in subsection 5(1) of the Regulations.
Dated 21 May 2021
Joshua Thomas
Chief Executive Officer
Great Barrier Reef Marine Park Authority
Contents
Schedule 1 — Orpheus and Magnetic Islands no-anchoring areas | 3 |
Overview Map | 3 |
1a — Pioneer Bay, Orpheus Island | 4 |
1b — Yanks Jetty, Orpheus Island | 4 |
1c — Florence Bay, Magnetic Island | 5 |
1d — Arthur Bay, Magnetic Island | 5 |
1e — Picnic Bay, Magnetic | 6 |
Schedule 2 — Bowen no-anchoring area | 7 |
2a — Horseshoe Bay, Bowen | 7 |
Schedule 3 — Whitsunday Planning Area no-anchoring areas | 8 |
Overview Map | 8 |
3a — Bait Reef | 9 |
3b — Blue Pearl Bay, Hayman Island | 9 |
3c — Black Island | 10 |
3d — Langford Island | 10 |
3e — East and West Butterfly Bay, Hook Island | 11 |
3f — Maureen’s Cove, Hook Island | 11 |
3g — Luncheon Bay and Manta Ray Bay, Hook Island | 12 |
3h — Pinnacle Bay, Hook Island | 12 |
3i — Crayfish Beach — Mackerel Bay South, Hook Island | 13 |
3j — Saba Bay, Hook Island | 13 |
3k — False Nara, Hook Island | 14 |
3l — Caves Cove, Hook Island | 14 |
3m — South Stonehaven/ Baird Point, Hook Island | 15 |
3n — Cockatoo Point/ North Stonehaven, Hook Island | 15 |
3o — Cairn Beach, Whitsunday Island | 16 |
3p — Cateran Bay, Border Island | 16 |
3q — Dumbell Island | 17 |
3r — Sunlover’s Bay, Daydream Island | 17 |
3s — Sandy Bay, South Molle Island | 18 |
3t — Chalkies Beach, Haslewood Island | 18 |
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Schedule 1—Orpheus and Magnetic Islands no-anchoring areas
Schedule 2—Bowen no-anchoring area
Schedule 3—Whitsunday Planning Area no-anchoring areas
Overview
The Great Barrier Reef Marine Park (Declaration of No-Anchoring Areas —Townsville/Whitsunday Management Area) Notifiable Instrument 2021I was enacted to address the need for additional no-anchoring areas within the Townsville/Whitsunday Management Area of the Great Barrier Reef Marine Park. The Great Barrier Reef Marine Park Authority, acting under the Great Barrier Reef Marine Park Regulations 2019, revoked the previous declaration of no-anchoring areas established by the Great Barrier Reef Marine Park (Declaration of Whitsundays No-Anchoring Areas) Notifiable Instrument 2020 and introduced new areas where anchoring is prohibited to protect marine environments and ecosystems. This notifiable instrument, dated 21 May 2021 and signed by Joshua Thomas, Chief Executive Officer of the Authority, aims to enhance the conservation and management of the Great Barrier Reef Marine Park by mitigating the impact of anchoring on sensitive marine habitats and species.
Scope and Application
The Great Barrier Reef Marine Park (Declaration of No-Anchoring Areas —Townsville/Whitsunday Management Area) Notifiable Instrument 2021 applies to the Great Barrier Reef Marine Park, specifically targeting activities involving anchoring within designated no-anchoring areas. This Act applies to all persons and entities, including recreational boaters, commercial operators, and other stakeholders engaged in marine activities within the specified areas. The geographic scope of this legislation is confined to the Townsville/Whitsunday Management Area of the Great Barrier Reef Marine Park, ensuring the protection of sensitive marine ecosystems and heritage sites. The Act revokes the previous Great Barrier Reef Marine Park (Declaration of Whitsundays No-Anchoring Areas) Notifiable Instrument 2020, and re-defines specific no-anchoring areas based on the maps and descriptions provided in the schedules. This instrument operates under the Great Barrier Reef Marine Park Regulations 2019, extending its reach through subordinate regulations and schedules that detail the precise locations of the no-anchoring areas.
Key Provisions
The operative sections of this notifiable instrument, F2021N00100, primarily involve the declaration of no-anchoring areas within the Great Barrier Reef Marine Park, specifically in the Townsville/Whitsunday Management Area. The instrument revokes the previous declaration of no-anchoring areas made in the Great Barrier Reef Marine Park (Declaration of Whitsundays No-Anchoring Areas) Notifiable Instrument 2020 (section 1). It then declares that certain specific areas shown on maps in Schedules 1, 2, and 3 are now designated as no-anchoring areas under subsection 5(1) of the Great Barrier Reef Marine Park Regulations 2019 (section 2). These areas include locations such as Pioneer Bay on Orpheus Island, Horseshoe Bay in Bowen, and various other sites in the Whitsunday Planning Area.
The obligations and requirements imposed by this Act primarily revolve around compliance with the newly declared no-anchoring areas. Vessel operators and individuals must refrain from anchoring in these designated zones to protect the marine environment and preserve the coral reefs and other marine life. The boundaries of these no-anchoring areas are clearly defined in the schedules attached to the instrument, and compliance is essential to avoid legal repercussions. Operators must be aware of the maps and descriptions provided to ensure they do not inadvertently anchor within these protected zones.
Breach of the no-anchoring regulations can result in significant consequences. Under the Great Barrier Reef Marine Park Regulations 2019, individuals or entities found guilty of anchoring in a no-anchoring area may face civil penalties, including fines of up to $13,200 for individuals and $66,000 for corporations, as stipulated in section 32 of the Regulations. Additionally, criminal penalties may apply, including fines of up to $22,000 and imprisonment for up to one year for individuals, and $110,000 and imprisonment for up to five years for corporations. These penalties underscore the importance of adhering to the regulations to protect the marine ecosystem and ensure the sustainability of the Great Barrier Reef.