Great Barrier Reef Marine Park Regulations (Amendment)

Overview

The Great Barrier Reef Marine Park Regulations (Amendment) 1993 No. 188 was enacted to address the need for establishing a fee for commercial operations within the Great Barrier Reef Marine Park. This amendment was introduced to give effect to the Great Barrier Reef Marine Park (Amendment) Act 1993, Great Barrier Reef Marine Park (Environmental Management Charge - General) Act 1993, and the Great Barrier Reef (Environmental Management Charge - Excise) Act 1993. The objective of these Acts, as reflected in the Explanatory Statement, is to institute a fee structure for commercial activities in the Marine Park, thereby supporting the environmental management and conservation efforts of the Great Barrier Reef. The proposed regulations outlined in the amendment specify the details of the fee amount, the types of operations subject to the fee, and the procedural requirements for fee collection and record-keeping. This legislative amendment was issued under the authority of the Minister for the Environment, Sport and Territories and was intended to ensure the sustainable management of the Great Barrier Reef Marine Park by providing a financial resource to support these objectives.

Scope and Application

The Great Barrier Reef Marine Park Regulations (Amendment) 1993 No. 188 applies to the Great Barrier Reef Marine Park, which is a Commonwealth protected area. It amends the existing Great Barrier Reef Marine Park Regulations to implement the provisions of three new Acts: the Great Barrier Reef Marine Park (Amendment) Act 1993, the Great Barrier Reef Marine Park (Environmental Management Charge - General) Act 1993, and the Great Barrier Reef (Environmental Management Charge - Excise) Act 1993. These Acts and the Regulations pertain to the imposition of a fee for commercial operations within the Marine Park. The Regulations apply to entities and individuals conducting commercial activities in the Great Barrier Reef Marine Park, specifically targeting those who hold permissions for such operations. This includes operators of commercial activities such as tourism, fishing, and other businesses reliant on the resources and environment of the Marine Park. The Regulations cover the entire Marine Park, which spans a vast area in the Coral Sea off the coast of Queensland, Australia. The amendments extend the application of the Regulations through subordinate instruments, ensuring that the fees and charges are properly administered and collected by the Great Barrier Reef Marine Park Authority. The specific categories of activities subject to the Environmental Management Charge and the related fee structures are detailed in the new Part 5A of the Regulations, which also includes provisions for record-keeping and reporting requirements for those subject to the charge.

Key Provisions

The main operative sections of the Great Barrier Reef Marine Park Regulations (Amendment) 1993 No. 188, as referenced in the Explanatory Statement, include the commencement date, the amendment of existing regulations, and the addition of new regulations. Specifically, Regulation 1 sets 1 July 1993 as the commencement date for the amended regulations (Regulation 1). Regulation 2 formally provides for the amendments to the Great Barrier Reef Marine Park Regulations (Regulation 2). Regulation 3 changes the heading of Part 5 of the Regulations to clarify the inclusion of fees for permissions related to activities in the Marine Park (Regulation 3). Regulation 4 introduces a new Part 5A, which encompasses Environmental Management Charges (Regulation 4). Further, Regulations 34 through 53 detail definitions, chargeable permissions, categories of persons, charge amounts, payment methods, record-keeping requirements, and returns submission (Regulations 34-53). The obligations and requirements imposed by these regulations primarily focus on the holders of permissions for commercial operations within the Great Barrier Reef Marine Park. These holders must now adhere to new fee structures, as outlined in the amended regulations. Specifically, they must pay an Environmental Management Charge for certain commercial activities (Regulation 35). They are also required to keep detailed records in logbooks supplied by the Great Barrier Reef Marine Park Authority (the Authority) for operations subject to charges calculated based on the number of persons carried in the Marine Park (Regulation 52). Additionally, these permission holders must submit returns to the Authority that summarise the information recorded in their logbooks (Regulation 53). The consequences for non-compliance with these regulations include both civil and criminal penalties. While the Explanatory Statement does not specify maximum penalties, breaches of regulations governing fees, record-keeping, and returns submission could lead to enforcement actions by the Authority. These actions might include fines or other administrative penalties for civil infractions, and potential criminal charges for more severe or repeated violations. The regulations underscore the importance of compliance to ensure the sustainability and effective management of the Great Barrier Reef Marine Park.