PARTICULARS OF PERMISSIONS GRANTED, REFUSED, SUSPENDED, REINSTATED, REVOKED OR RECONSIDERED FOR THE PERIOD 1.07.13 TO 31.07.13 AND NOT PREVIOUSLY PUBLISHED
Great Barrier Reef Marine Park Act 1975
DETAILS OF PERMITS
The following decisions have been assessed according to the relevant Acts, Regulations and Zoning Plans with permits and applications being granted, refused, or revoked.
PARTICULARS OF PERMISSIONS GRANTED, REFUSED, SUSPENDED, REINSTATED, REVOKED OR RECONSIDERED FOR THE PERIOD 1-JUL-13 TO 31-JUL-13 AND NOT PREVIOUSLY PUBLISHED. I, RUSSELL REICHELT, delegate of the Great Barrier Reef Marine Park Authority pursuant to Subregulation 183(1) of the Great Barrier Reef Marine Park Regulations, provide the following particulars of permits granted, suspended, reinstated or revoked and of applications refused during the period specified above.
DETAILS OF PERMITS REFUSED
Name/Organisation | Application Number | Section | Permit Type | Refusal Date |
HINCHINBROOK RESORTS AND CRUISES PTY LTD (ACN 124 659 285) | G33152.1 | Amalgamated Great Barrier Reef | Conducting a tourist program Conducting a barge program Conducting a vessel charter operation Operating a facility | 23-Jul-13 |
REVIEW PROCEDURES & RIGHTS
IF YOU ARE A PERSON AFFECTED BY A DECISION NOTIFIED HEREIN
YOUR ATTENTION IS DRAWN TO THE FOLLOWING REVIEW PROCEDURES & RIGHTS AVAILABLE TO YOU IN RESPECT OF THESE DECISIONS OF THE AUTHORITY
1. You have a statutory right to obtain a written statement setting out the reasons for the Authority's decision (if one has not already been supplied).
2. The Authority will undertake an internal review of the decision only where you have made an application in accordance with point 4 below.
3. The person who reviews this decision may uphold or change the initial decision and that initial decision is taken for all purposes not to have been made.
4. An application for review must be made in writing and must comply with the following:
- Applications must be made within 21 days of the date of publication of details of the decision on the Authority's website;
- Application must be accompanied by a written statement of your reasons for making the request for review (including information concerning why you are a person affected by the decision).
Overview
The Great Barrier Reef Marine Park Act 1975 was enacted by the Parliament of Australia to address the pressing need to protect and manage the Great Barrier Reef, one of the world's most significant natural wonders. This legislation establishes the Great Barrier Reef Marine Park and the Great Barrier Reef Marine Park Authority, which is tasked with managing the Park to ensure its conservation and sustainable use. The policy objective of the Act is to protect the Reef's ecological integrity, while also allowing for its responsible use by the community and industry.
In accordance with the Act, the Great Barrier Reef Marine Park Authority is responsible for issuing permits and managing applications related to activities within the Park, as outlined in the Great Barrier Reef Marine Park Regulations. The provided document details decisions made by the Authority regarding permits and applications for the period from 1 July 2013 to 31 July 2013. The Authority has the power to grant, refuse, suspend, reinstate, or revoke permits based on the relevant Acts, Regulations, and Zoning Plans. Affected parties have the right to review decisions made by the Authority, subject to certain conditions and timelines.
Scope and Application
The Great Barrier Reef Marine Park Act 1975 applies to individuals, organisations, and entities that seek to conduct various activities within the marine park, including tourist programs, barge programs, vessel charter operations, and facility operations. The Act operates within the Commonwealth jurisdiction, regulating actions within the Great Barrier Reef Marine Park. Specific exclusions or exemptions are not explicitly detailed in the provided text, but the issuance or refusal of permits under the Act would likely depend on compliance with the relevant Acts, Regulations, and Zoning Plans. The authority to grant, refuse, suspend, reinstate, revoke, or reconsider permits is exercised by a delegate of the Great Barrier Reef Marine Park Authority, such as Russell Reichelt, who acts under the authority of the Great Barrier Reef Marine Park Regulations. The decisions made are subject to review procedures, where affected parties can request a written statement of reasons and apply for an internal review within 21 days of the decision's publication on the Authority's website.
Key Provisions
The main provisions of the Gazette document under the Great Barrier Reef Marine Park Act 1975 (sections 1 and 2) provide details of permits granted, refused, suspended, reinstated, or revoked for the specified period from 1 July 2013 to 31 July 2013. The document outlines the decisions made by the delegate of the Great Barrier Reef Marine Park Authority, Russell Reichelt, regarding permit applications and activities within the marine park. Specifically, it includes the names or organisations, application numbers, sections of the Act, types of permits, and dates of refusal for those applications that were not approved.
The obligations and requirements imposed by the Act on the parties or entities it governs include adherence to the stipulations of the Great Barrier Reef Marine Park Regulations, particularly Subregulation 183(1). The Authority must assess each application against the relevant Acts, Regulations, and Zoning Plans, ensuring that any granted permits comply with the established guidelines for sustainable and environmentally responsible activities. Additionally, the Act mandates that any refusals or revocations are to be communicated clearly and comprehensively, providing the reasons for such decisions. Affected parties also have statutory rights to request written reasons for decisions and to apply for an internal review within 21 days of the decision being published on the Authority's website.
In terms of consequences for breaches, the Gazette document does not explicitly detail specific offences, penalties, or civil/criminal consequences. However, the refusal of permits can have significant implications for the applicants, potentially affecting their business operations within the marine park. The Authority’s decisions are legally binding, and failure to comply with the conditions or decisions may lead to further regulatory action or penalties as stipulated by the Great Barrier Reef Marine Park Regulations and other relevant legislation. The outlined review procedures provide a formal mechanism for challenging decisions, thereby ensuring that affected parties have a means to seek redress or clarification.