to regulation 15A. Subregulation (1)(a) is to be amended to more accurately describe the permission being given by the Authority (ie: authorising the discharge waste in the Marine Park). A link to the penalties and provisions of section 38J of the principal Act is to be established by new subregulation (4).
Regulation 19A holds a person responsible for certain offences committed by their employees or agents. This matter is now covered by section 64 of the principal Act and therefore this regulation is to be repealed.
Regulation 19B refers to offences involving vessels or aircraft and holds the master or person in charge of the vessel or aircraft and the owner responsible for certain offences committed in the Marine Park. This matter is now covered by section 38K of the principal Act and therefore this regulation is to be repealed.
Regulation 19D refers to the circumstances in which a person may apply to renew a permission issued by the Authority. This regulation is amended to include a reference to permissions granted by the Authority to use underwater breathing apparatus or a power-head spear in unzoned areas.
Regulation 20 refers to the Authority’s power to suspend its permission to carry on certain activities or to vary the conditions that apply to the granting of its permission in the unzoned area. This regulation is to be amended to omit the reference to regulation 15 (to be repealed) and to insert a reference to regulation 15D (which relates to permission granted to discharge wastes in the Marine Park).
Regulation 21 refers to the Authority’s power to revoke its permission to carry on certain activities in an unzoned area of the Marine Park. This regulation is to be amended to omit the reference to regulation 15 (to be repealed) and to insert a reference to regulation 15D (which relates to permission granted to discharge wastes in the Marine Park).
Regulation 22 refers to reconsideration and review of the Authority’s decisions. References to the repealed regulation 15 are to be omitted and replaced with a reference to regulation 15D. The reference to regulation 18 is to be omitted as this regulation prohibits certain activities rather than empowers the Authority to make a decision about such activities and therefore, a reference to regulation 18 is not relevant to a review of a decision by the Administrative Appeals Tribunal.
Overview
The Great Barrier Reef Marine Park Amendment Regulations 1996, introduced by the Commonwealth Parliament, were enacted to amend the regulatory framework governing the Great Barrier Reef Marine Park. This legislative update aimed to address gaps and clarify provisions within the existing regulatory structure, ensuring that permissions, responsibilities, and penalties are accurately reflected and enforced. The policy objective of these amendments was to enhance the management and protection of the Marine Park by refining the legal obligations and responsibilities of entities and individuals operating within the Park, as well as to streamline the processes related to permissions and penalties. These amendments were designed to ensure that the regulatory framework remains effective and relevant, thereby supporting the overarching goal of preserving the ecological integrity of the Great Barrier Reef.
Scope and Application
The Act applies to individuals and entities involved in activities within the Marine Park, including the discharge of waste, the use of underwater breathing apparatus or power-head spears, and the operation of vessels or aircraft. The legislation governs these activities and the associated permissions granted by the Authority, aiming to regulate and manage interactions with the marine environment to protect and preserve it. The geographic scope of the Act encompasses the Commonwealth, specifically the Marine Park, and it applies to all persons and entities conducting activities within this area. The Act also includes provisions for penalties and enforcement mechanisms, with specific references to section 38J and section 64 of the principal Act. Certain exclusions and exemptions may apply, but these are not explicitly detailed in the provided text. The Act’s application is further extended or restricted through subordinate instruments, such as the regulations mentioned, which detail specific permissions and responsibilities, as well as the processes for reconsideration and review of decisions made by the Authority.
Key Provisions
The principal Act, along with its associated regulations, outlines specific permissions and responsibilities for activities within the Marine Park, notably concerning waste discharge and the use of certain equipment. Section 38J, which is referenced in the new subregulation (4), establishes the penalties and provisions for unauthorised discharge of waste within the Marine Park. The primary sections of the Act and its regulations mandate that any person or entity seeking to discharge waste must first obtain permission from the Authority. This permission is detailed and specific, ensuring that the discharge does not harm the marine environment.
The obligations imposed by the Act require that individuals and entities comply with the permissions granted and the conditions stipulated by the Authority. For instance, subregulation (1)(a) requires a precise description of the authorisation for waste discharge, ensuring that activities are conducted in an environmentally responsible manner. Furthermore, Regulation 19A and Regulation 19B, which have been repealed, previously held persons responsible for offences committed by their employees or agents and the master or person in charge of a vessel or aircraft, respectively. These obligations have been transferred to section 64 of the principal Act, which now covers corporate liability and responsibility for offences committed by employees or agents.
Breach of the provisions outlined in the Act and its regulations can lead to serious consequences. The Act imposes both civil and criminal penalties for unauthorised activities. For example, unauthorised discharge of waste can result in significant fines and potential imprisonment as outlined in section 38J. The maximum penalties for these offences can vary but are designed to enforce compliance and protect the marine environment. The repealed regulations, which previously outlined specific responsibilities and penalties, have been replaced with provisions in the principal Act to ensure a streamlined and effective enforcement mechanism.