Great Barrier Reef Marine Park Regulations (Amendment)

Overview

The Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 257, issued under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, amends the existing regulations governing the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975. The primary objective of these amendments is to streamline the notification process for decisions made by the Great Barrier Reef Marine Park Authority, thereby alleviating the administrative burden on the Authority. Specifically, the amendments mandate that only the outcomes of decisions concerning applications for Marine Park permits be published in the Gazette, rather than the detailed reasons for these decisions, which previously also had to be included. This change is intended to prevent the unreasonable depletion of the Authority's resources, given the high volume of permits issued annually. Simultaneously, the amendments also involve the repeal of Regulation 13, which had required vessels carrying more than 25 passengers in a specific zone of the Marine Park to obtain prior permission from the Authority. This regulation, originally introduced in response to specific illegal activities in 1989, is now redundant following the resolution of related legal matters.

Scope and Application

The Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 257 applies to the Great Barrier Reef Marine Park Authority and any persons or entities affected by decisions regarding Marine Park permits. These regulations aim to streamline the publication of decisions in the Gazette by only requiring the outcome of decisions to be published, while allowing those affected to access detailed reasons for the decisions from the Authority. This amendment addresses the practical challenge faced by the Authority in meeting the previous requirement to publish detailed reasons, which placed an unreasonable burden on their resources. The amendments are confined to the administrative procedures of the Authority and do not alter the substantive rights or obligations of permit holders or other stakeholders within the Great Barrier Reef Marine Park. Additionally, the amendment repeals a specific regulation that required vessels carrying more than 25 passengers in a designated zone to obtain prior permission from the Authority, a measure that was intended to address a particular set of circumstances and is now redundant following the conclusion of related legal proceedings.

Key Provisions

The Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 257 (the "Regulations") introduce significant changes to the way decisions made by the Great Barrier Reef Marine Park Authority (the "Authority") are published in the Gazette. Section 3 of the Regulations modifies the existing requirements for notices of decisions regarding Marine Park permits. Now, only the outcome of these decisions needs to be published, not the reasons behind them. This change was made to alleviate the resource burden on the Authority, which issues around 800 permits annually. Previously, the need to gazette detailed reasons for each decision, such as the 19-page notice for the Magnetic Keys proposed development, was deemed impractical given the Authority's resources. These amendments, while simplifying the publication process, ensure that affected parties still have access to the detailed reasons for Authority decisions. Section 4 of the Regulations stipulates that anyone impacted by a decision can request the relevant documents from the Authority, thereby maintaining transparency and accountability. The Regulations also address the repeal of Regulation 13, which previously required vessels carrying more than 25 passengers to obtain permission from the Authority before operating in Marine National Park B Zones of the Cairns Section of the Great Barrier Reef Marine Park. This regulation was specifically aimed at addressing an illegal ferry service to Green Island in 1989 and has now been repealed as the related legal proceedings have concluded. The Regulations impose certain obligations on the Authority to ensure compliance with these changes. Under Section 3, the Authority must publish only the outcomes of its decisions regarding Marine Park permits in the Gazette, without including the detailed reasons. The Authority must also provide the detailed reasons upon request, as outlined in Section 4. These obligations are designed to streamline the publication process while ensuring that relevant information remains accessible to the public. In terms of consequences for non-compliance, the Regulations do not explicitly state any penalties for failing to adhere to the new requirements. However, the underlying Great Barrier Reef Marine Park Act 1975 may provide a framework for addressing non-compliance. Generally, breaches of regulations under the Act can lead to civil penalties, including fines, and potentially criminal penalties if the breach is deemed serious. The exact penalties would depend on the specific circumstances and any relevant provisions in the Act.