Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993
Act No. 15 of 1993 as amended
This compilation was prepared on 2 December 2008
taking into account amendments up to Act No. 125 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Application of the Great Barrier Reef Marine Park Act 1975
4 Imposition of charge
Notes
An Act to impose a charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations, so far as that charge is neither a duty of customs nor a duty of excise
1 Short title [see Note 1]
This Act may be cited as the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993.
2 Commencement [see Note 1]
This Act commences, or is taken to have commenced, as the case requires, on the commencement of Part VA of the Great Barrier Reef Marine Park Act 1975.
3 Application of the Great Barrier Reef Marine Park Act 1975
Sections 4 and 5 of the Great Barrier Reef Marine Park Act 1975 apply in relation to this Act in a corresponding way to the way in which they apply in relation to that Act.
4 Imposition of charge
(1) Charge payable in accordance with section 39B of the Great Barrier Reef Marine Park Act 1975 is imposed.
(2) This section imposes charge only so far as that charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.
Notes to the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993
Note 1
The Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993 as shown in this compilation comprises Act No. 15, 1993 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993 | 15, 1993 | 9 June 1993 | 1 July 1993
(see s. 2) | — |
Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 | 125, 2008 | 25 Nov 2008 | Schedule 1 (item 27): 26 Nov 2008 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3.................... | rs. No. 125, 2008 |
Overview
The Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993, enacted by the Australian Parliament, aims to address the need for sustainable funding mechanisms for the management of the Great Barrier Reef Marine Park. The Act was introduced to impose an environmental management charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations, ensuring that the charge does not constitute a duty of customs or excise as defined by the Constitution. The policy objective of the Act is to provide financial resources for the ongoing protection and management of the Great Barrier Reef Marine Park, a UNESCO World Heritage site, without imposing undue financial burdens on stakeholders while ensuring the park's ecological integrity and sustainability.
This legislation operates in conjunction with the Great Barrier Reef Marine Park Act 1975, applying certain sections from that Act to the imposition of the charge. The charge is intended to contribute to the costs associated with the management and conservation of the marine park, reflecting a commitment to environmental stewardship and the sustainable use of natural resources. The Act's approach ensures that the financial responsibility for managing the reef is shared among those who benefit from its resources, thereby supporting the long-term health of this vital ecosystem.
Scope and Application
The Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993 applies to the imposition of a charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations, ensuring that the charge is neither a duty of customs nor a duty of excise. This Act is an adjunct to the broader framework established by the Great Barrier Reef Marine Park Act 1975, thereby extending its application to include the specific charge mechanism outlined within its provisions. The geographic reach of this Act is limited to the waters and areas designated under the Great Barrier Reef Marine Park Act 1975, which encompasses a significant portion of the marine environment within the Commonwealth of Australia. The Act does not itself exclude any specific entities or conduct from its purview but relies on the underlying regulations to define the scope of its application. The operation and specifics of the charge may be further detailed in subordinate instruments, which may provide additional clarity and operational guidelines for its implementation.
Key Provisions
The Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993 (sections 3 and 4) establishes the framework for imposing a charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations. The charge is specifically imposed as per section 39B of the Great Barrier Reef Marine Park Act 1975, ensuring that it does not constitute a duty of customs or a duty of excise as defined by section 55 of the Australian Constitution. This Act applies in a manner similar to sections 4 and 5 of the Great Barrier Reef Marine Park Act 1975. It commences or is taken to have commenced, as required, on the commencement of Part VA of the Great Barrier Reef Marine Park Act 1975.
Under this Act, the primary obligation for the parties involved is to comply with the charge imposed on the grant or transfer of permissions, ensuring that it does not overlap with duties of customs or excise. This compliance ensures that the charge is applied correctly and serves its intended purpose of funding environmental management activities within the Great Barrier Reef Marine Park. The Act also mandates that the charge is levied in accordance with the existing regulations and provisions outlined in the Great Barrier Reef Marine Park Act 1975, maintaining consistency and clarity in its application.
In terms of penalties and consequences for non-compliance, the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993 does not explicitly detail specific offences or penalties within its text. However, the charge itself serves as a deterrent to non-compliance, as failure to pay the required charge could lead to the denial of permissions or transfers under the Great Barrier Reef Marine Park Regulations. The primary civil consequence of non-payment would be the inability to obtain the necessary permissions, which could impact businesses and activities relying on these permissions within the marine park. The specific penalties and enforcement mechanisms would likely be governed by the broader provisions of the Great Barrier Reef Marine Park Act 1975 and related regulations.