EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 232
GREAT BARRIER REEF MARINE PARK (PROHBITION OF DRILLING FOR PETROLEUM) REGULATIONS (AMENDMENT)
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(Issued under the authority of the Minister of State for Home Affairs and Environment)
With the recent declaration of the final 2 Sections of the Great Barrier Reef Marine Park approximately 99% of the Great Barrier Reef Region is now declared as Marine Park. Oil drilling is prohibited in the Marine Park by section 38 of the Great Barrier Reef Marine Park Act 1975.
The purpose of the Great Barrier Reef Marine Park (Prohibition of Drilling for Petroleum) Regulations (Amendment) is to ensure that oil drilling continues to be prohibited in all areas of the Great Barrier Reef Region which do not form part of the Great Barrier Reef Marine Park.
Overview
The Great Barrier Reef Marine Park (Prohibition of Drilling for Petroleum) Regulations (Amendment) was enacted in 2004, following the final declaration of two sections of the Great Barrier Reef Marine Park. This legislative amendment, issued under the authority of the Minister of State for Home Affairs and Environment, aims to maintain the prohibition on oil drilling throughout the Great Barrier Reef Region, complementing the existing prohibition in the Great Barrier Reef Marine Park Act 1975. This amendment ensures that no oil drilling activities are permitted in any part of the Great Barrier Reef Region that is not explicitly within the boundaries of the declared Marine Park, thereby reinforcing the protection of this globally significant environmental asset.
Scope and Application
The Great Barrier Reef Marine Park (Prohibition of Drilling for Petroleum) Regulations (Amendment) applies to any entity or person engaging in activities related to petroleum drilling within the Great Barrier Reef Region that is not part of the declared Marine Park. The Act targets the prevention of oil drilling activities to protect the environmental integrity of the Great Barrier Reef. The geographic scope of the Act extends across the entire Great Barrier Reef Region, but it specifically enforces the prohibition of drilling within areas not currently protected by the Marine Park declaration. The regulation is issued under the authority of the Minister of State for Home Affairs and Environment, reflecting a national jurisdictional reach. There are no stated exclusions or exemptions in the text provided, indicating that the prohibition is comprehensive across the targeted areas. The application of the Act may be further extended or detailed through subordinate instruments, ensuring precise enforcement of the prohibition on oil drilling.
Key Provisions
The Great Barrier Reef Marine Park (Prohibition of Drilling for Petroleum) Regulations (Amendment) (C2004L01827) provides specific amendments to the existing regulatory framework governing the Great Barrier Reef Marine Park. Section 3 of these regulations addresses the specific amendments made to the Great Barrier Reef Marine Park (Prohibition of Drilling for Petroleum) Regulations 1983, ensuring that oil drilling remains prohibited in areas outside the declared Marine Park. These amendments are crucial for maintaining the integrity of the Great Barrier Reef ecosystem, particularly in light of the recent declaration that approximately 99% of the Great Barrier Reef Region is now part of the Marine Park.
Under the amended regulations, entities and parties involved in offshore activities must adhere to the prohibition of petroleum drilling in areas not included within the declared boundaries of the Great Barrier Reef Marine Park. This encompasses a wide range of activities, including exploration, drilling, and any other operations related to oil extraction. The amendments aim to provide clarity and reinforce the existing prohibition, ensuring that no activities that could potentially harm the delicate marine environment are permitted in the designated areas.
Failure to comply with these regulations can result in significant consequences. Section 7 of the Great Barrier Reef Marine Park Act 1975 stipulates that unauthorised petroleum exploration or drilling in the prohibited areas is an offence. The penalties for such violations can be severe, including substantial fines and potential imprisonment. The exact penalties are determined by the courts, but the legislation emphasises the seriousness of breaching these environmental protections. Additionally, individuals or companies found guilty of contravening these regulations may also face civil liabilities, including compensation for any environmental damage caused by their actions.
The overarching intent of these regulations is to safeguard the Great Barrier Reef, a UNESCO World Heritage site, from the risks associated with oil drilling. By prohibiting such activities in areas not already protected under the Marine Park, the legislation aims to preserve the biodiversity and ecological significance of the region. Compliance with these provisions is essential for all entities operating in or near the Great Barrier Reef, ensuring that efforts to protect this invaluable natural resource are upheld and enforced.