Great Barrier Reef Marine Park - Particulars of Permissions Granted, Refused, Suspended, Reinstated, Revoked or Reconsidered for the period 1 Sep 12 to 30 Sep 12 and not previously published

Overview

The Great Barrier Reef Marine Park Act 1975 was enacted to provide for the establishment of the Great Barrier Reef Marine Park and to regulate activities within it. This legislation was introduced to address the need for comprehensive protection of the Great Barrier Reef, a region of immense ecological and cultural significance. The Act was enacted by the Parliament of Australia, aiming to balance the conservation of the reef with its sustainable use. The policy objective is to protect and conserve the natural and cultural resources of the Great Barrier Reef, while also facilitating responsible use by the community and industry. This Act, along with its associated regulations and zoning plans, provides a framework for managing activities within the Marine Park to ensure its long-term preservation and ecological integrity. The Great Barrier Reef Marine Park Authority, as a delegate of the Commonwealth, administers the Act and issues permits for various activities, subject to stringent environmental and operational standards.

Scope and Application

The Great Barrier Reef Marine Park Act 1975 applies to individuals and organisations intending to conduct activities within the Great Barrier Reef Marine Park. This Act governs a wide range of activities, including vessel charter operations, conducting works, navigating ships, and barge and tug vessel operations. The application of the Act extends to anyone seeking to engage in these activities within the geographical boundaries of the Great Barrier Reef Marine Park, which encompasses a significant area along the northeast coast of Queensland, Australia. Permits are required for certain activities, and the Act delineates the types of permits available and the conditions under which they can be granted. The authority to grant, refuse, or revoke these permits is vested in the Great Barrier Reef Marine Park Authority, with decisions being made in accordance with the relevant Acts, Regulations, and Zoning Plans. Excluded from the direct application of the Act are activities that fall outside the specified permit requirements or those that comply fully with the stipulated conditions. The scope of the Act may be extended or refined through subordinate instruments such as regulations and zoning plans, which provide further detail and specific stipulations governing conduct within the Park.

Key Provisions

The Great Barrier Reef Marine Park Act 1975 (referred to as the "Act") outlines the framework for managing the Great Barrier Reef Marine Park, including the issuance of permits for various activities. Section 12(1) of the Act provides the authority for granting permits, while Section 13(1) outlines the types of activities that require a permit. For instance, Section 13(1)(a) mentions conducting a vessel charter operation, while Section 13(1)(b) refers to carrying out works. The Act mandates that these permits are granted based on assessments that consider relevant Acts, Regulations, and Zoning Plans, as indicated in Section 12(1). An example of such a permit granted under the Act is G12/33296, issued to Pacific Marine Group Pty Ltd, which allows for a vessel charter operation, carrying out works, and navigating a ship, among other activities, from 17 September 2012 to 30 November 2018. The Act imposes several obligations on the permit holders and the Authority. Firstly, permit holders must comply with all conditions outlined in their permits, as stipulated in Section 12(2). They must also adhere to any additional conditions specified in the Regulations or Zoning Plans. The Authority, on the other hand, must ensure that all permits are granted fairly and in accordance with the Act and relevant Regulations. The Authority also has the responsibility to monitor and enforce compliance with the conditions of the permits, as stated in Section 12(3). Breach of any conditions specified in a permit can lead to significant consequences. Under Section 15(1) of the Act, any person found to have contravened the terms of a permit may be liable for penalties. The maximum penalty for a contravention can be substantial, potentially reaching up to $100,000 for individuals and $500,000 for bodies corporate, as outlined in Section 15(2). Additionally, Section 15(3) of the Act allows for the possibility of imprisonment for individuals found guilty of serious breaches. These stringent penalties underscore the importance of adhering to the conditions set forth in the permits to avoid legal repercussions. In the event that a person is affected by a decision made by the Authority, they have certain rights and avenues for review. Under Section 16(1) of the Act, any affected person has the right to obtain a written statement of reasons for the decision if one has not already been provided. Furthermore, Section 16(2) allows for an internal review of the decision if an application is made within 21 days of the decision being published on the Authority's website. The person conducting the review has the authority to uphold or change the initial decision, as stated in Section 16(3). This provision ensures that affected parties have a mechanism to challenge decisions and seek clarification or rectification if they believe the decision is unjust or incorrect.