EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 169
GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT)
(Issued under the authority of the Minister of State for Arts, Heritage and Environment)
The purpose of the Great Barrier Reef Marine Park Regulations (Amendment) is to implement additional administrative arrangements which are necessary to give effect to the object of the Great Barrier Reef Marine Park Act 1975 in unzoned areas of the Great Barrier Reef Marine Park, and in particular to control the development of offshore tourist structures. The Regulations also clarify and refine existing arrangements for zoned sections of the Marine Park.
Regulation 1
Formal. Provides for citation.
Regulation 2
Inserts the heading “PART I - PRELIMINARY”.
Regulation 3
Formal. Provides for interpretation.
Regulation 4
Inserts the heading “PART II - ZONES”.
Regulation 5
Amends existing Regulation 6 by omitting reference to Part I of Schedule 1 and substituting Schedule 1A.
Regulation 6
Amends existing Regulation 7 to require that an application to the Great Barrier Reef Marine Park Authority (“the Authority”) for a permission to carry on certain activities in a zone shall contain additional specified information, and to require the Authority in considering applications to have regard to matters it must consider under the relevant zoning plan.
Regulation 7
Amends existing Regulation 9 by omitting the limit to the time within which the Authority may require the applicant to advertise his application, and by clarifying the period within which interested persons may present comments on the application.
Regulation 8
Repeals the existing Regulation 10 and makes a new Regulation 10 which omits the express limit to the time within which the Authority must notify the applicant of the need to provide further particulars.
Regulation 9
Amends existing Regulation 11 to allow, subject to Regulation 20, the conditions of a relevant permission to be varied by consent, and omits provision for a prescribed period within which it is deemed an application for permission has been refused.
Regulation 10
Amends existing Regulation 12 to enable the Authority to declare, after considering public representations, only a part of a proposed area to be a Reef Appreciation Area or Reef Research Area, and to revoke the declaration of a Replenishment Area, a Seasonal Closure Area, a Reef Appreciation Area, a Reef Research Area or an Aircraft Landing Area.
Regulation 11
Amends existing Regulation 13 to incorporate a transitional provision to allow temporary continuation of an activity for which a permission had been granted by the Authority before a zoning plan come into force, where the zoning plan allows the Authority to permit the activity.
Regulation 12
Inserts the heading “PART III - UNZONED AREA”. The Part comprises the following proposed regulations:
13A. Provides that certain prescribed activities (as defined) are prohibited in the unzoned area except in accordance with a permission granted by the Authority. Penalties of up to $5000 may be imposed for breach of the regulation.
13B. Provides that an application to the Authority for a permission to carry on a prescribed activity in the unzoned area shall contain certain specified information, and such other information as the Authority reasonably requests.
13C. Sets out the matters to which the Authority must have regard when considering an application for a permission to carry on a prescribed activity in the unzoned area.
13D. Provides that the Authority may require an applicant to advertise his application for a permission to carry on a prescribed activity in the unzoned area where it considers the approval of the application may restrict the reasonable, use by the public of a part of the Marine Park.
13E. Provides that the Authority may request an applicant to provide further details of his application for a permission to carry on a prescribed activity in the unzoned area.
13F. Provides that the Authority may grant or refuse to grant a permission to an applicant to carry on a prescribed activity in the unzoned area.
Inserts the heading “PART IV - GENERAL”. The subsequent provisions have general application to both zoned and unzoned areas.
13G. Provides that the Authority may require persons to remove property from the Marine Park within a reasonable time. A penalty of up to $1000 for each day during which the offence continues may be imposed for breach of the regulation.
Regulation 13
Amends existing Regulation 20 to enable the Authority to vary or impose additional conditions upon the permission where an applicant has not complied with the conditions of a permit and in doing so has adversely affected the Marine Park environment.
Regulation 14
Amends existing Regulation 21 to enable the Authority to revoke a permission to carry on a prescribed activity in the unzoned area.
Regulation 15
Amends existing Regulation 22 to allow appeals to the Administrative Appeals Tribunal against decisions of the Authority in respect of an application for permission to carry on a prescribed activity in the unzoned area.
Regulation 16
Inserts a new Regulation 22A to require the Authority to provide to a person affected by a reviewable decision made by the Authority a notice stating that he may request the Authority to reconsider the decision and advising him of his right to apply to the Administrative Appeals Tribunal.
Regulation 17
Amends Schedule 1 of the Regulations so that it specifies declared animals for the purposes of the definition of ‘collecting’ contained in a zoning plan. Amends the Regulations by inserting Schedule 1A which specifies declared animals for the purposes of the definition of ‘fishing’ contained in a zoning plan.