Great Barrier Reef Marine Park Regulations (Amendment)

Administered by Department of the Environment and Energy

Legislation au F1996B01951 Regulations Not in force Legislative Instrument

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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.

 

Overview

The Great Barrier Reef Marine Park Regulations (Amendment) 1996 was enacted by the Parliament of Australia to address the need for more effective administrative arrangements within the Great Barrier Reef Marine Park. This amendment was introduced to better control the development of offshore tourist structures in unzoned areas and to refine existing arrangements for zoned sections of the Marine Park. The policy objective of these regulations is to ensure the protection and conservation of the Great Barrier Reef while balancing the need for economic activities such as tourism. By implementing these amendments, the Australian government aimed to provide clearer guidelines and enforcement mechanisms to protect the unique ecosystem of the Great Barrier Reef, thereby fulfilling its commitment under the Great Barrier Reef Marine Park Act 1975.

Scope and Application

The Great Barrier Reef Marine Park Regulations (Amendment) primarily apply to both zoned and unzoned areas within the Great Barrier Reef Marine Park, governed under the Great Barrier Reef Marine Park Act 1975. These regulations pertain to entities and individuals who intend to carry out certain activities in these areas, particularly those involving the development of offshore tourist structures. The regulations are designed to implement additional administrative measures to protect the marine park and ensure sustainable management practices. The amendments extend to the Great Barrier Reef Marine Park Authority, which is tasked with overseeing the granting of permissions and ensuring compliance with the regulations. The regulations apply across the entire Great Barrier Reef Marine Park, encompassing both Commonwealth and state jurisdictions. There are no explicit exclusions or thresholds stated in the text, but the regulations focus on managing activities that could potentially impact the marine environment. The application and enforcement of these regulations can be extended or restricted through subordinate instruments, thereby allowing for flexible and responsive management of the marine park's activities.

Key Provisions

The primary operative sections of the Great Barrier Reef Marine Park Regulations (Amendment) concern the administration of permissions and the control of activities within both zoned and unzoned areas of the Great Barrier Reef Marine Park. Regulation 6 (in the amended Regulation 7) stipulates that applications for permissions to carry out certain activities must include additional information, and the Authority must consider specified matters under the relevant zoning plan when evaluating these applications. Regulation 10 (amended Regulation 12) enables the Authority to declare specific areas as Reef Appreciation Areas or Reef Research Areas, and to revoke declarations of certain areas, such as Replenishment Areas, Seasonal Closure Areas, Reef Appreciation Areas, Reef Research Areas, or Aircraft Landing Areas. In the unzoned areas, Regulation 13A prohibits certain prescribed activities unless authorised by a permission from the Authority, with penalties of up to $5000 for non-compliance. Regulation 13B requires applications for permissions in these areas to include specified information, while Regulation 13C lists the factors the Authority must consider in assessing such applications. The Act imposes various obligations and requirements on the parties it governs. For instance, applicants must provide detailed information as specified in Regulation 6 (amended Regulation 7) and Regulation 13B. The Authority must consider certain matters outlined in Regulation 6 (amended Regulation 7) and Regulation 13C when reviewing applications. The Authority also has the discretion to require applicants to advertise their applications under Regulation 13D and to request further details from applicants under Regulation 13E. Additionally, the Authority can grant or refuse permissions under Regulation 13F, vary or impose additional conditions on permissions under Regulation 13 (amended Regulation 20), and revoke permissions under Regulation 14 (amended Regulation 21). Furthermore, the Authority must notify affected persons of their rights to request reconsideration and to appeal to the Administrative Appeals Tribunal under Regulation 16 (new Regulation 22A). Breach of the regulations can result in various civil and criminal consequences. For example, violating Regulation 13A by carrying out a prohibited activity without a permission can incur a penalty of up to $5000. Similarly, failing to remove property from the Marine Park within a reasonable time, as required by Regulation 13G, can result in a penalty of up to $1000 for each day the offence continues. The Act also provides for the revocation of permissions under Regulation 14 (amended Regulation 21) if an applicant adversely affects the Marine Park environment by not complying with permit conditions. These provisions underscore the importance of adhering to the regulations to protect the Great Barrier Reef Marine Park.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.