EXPLANATORY STATEMENT
MINISTER FOR THE ARTS, SPORT, THE ENVIRONMENT, TOURISM AND TERRITORIES
Great Barrier Reef Marine Park Regulations (Amendment)
1990 No. 35
Issued under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories
The prime purpose of the Great Barrier Reef Marine Park Regulations (Amendment) is to repeal regulation 13 and replace it with a new regulation to remove the unintended consequence of requiring all operations of the type described in the regulation to have an additional permission to operate in the Marine National Park B Zone of the Cairns Section.
The existing regulation 13 was intended to close a loophole in the regulations that had been found to exist by a Magistrate. This finding could have allowed some commercial vessels to operate without a Marine Park permit. The regulation has been found to be defective because in addition to requiring operators of vessels to have a permit to discharge more than 20 people per day in the Marine National Park B Zone, it had the unintended consequence of also requiring similar operations outside this Zone to have another permission to operate in the Marine National Park B Zone. A regulation requiring operators of such services in the Marine Park to have a permit is necessary because an appeal against the Magistrates decision will take several months and some areas of the Cairns Section are at risk from severe environmental disturbance in the absence of controls imposed by the permit system.
Details of the proposed amendments to the regulations follow:
Existing regulation 13 is to be repealed.
A new regulation 13 is to be inserted to limit to 20 the number of people that a person may discharge each day from a vessel or hovercraft in the Cairns Section unless that person already has a permission to:
(a) provide a tourist or educational facility; or
(b) establish a tourist program; or
(c) establish an educational program;or
(d) undertake research or construction;
using that vessel or hovercraft to gain acess to that place, in accordance with the Cairns Section Zoning Plan. The penalty is $5,000.
The 20 person limit is unlikely to affect private boat owners.
The new regulation 13 is intended as a transitional measure pending the introduction of an amended Zoning Plan for the Cairns Section of the Marine Park.
Authorised by
the Minister for the Arts, Sport,
the Environment, Tourism and Territories
Overview
The Great Barrier Reef Marine Park Regulations (Amendment) 1990 No. 35, issued under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, addresses a gap in the existing regulations that had unintended consequences for the operation of certain vessels in the Marine Park. The primary issue was that existing regulation 13, which was intended to close a loophole allowing some commercial vessels to operate without a Marine Park permit, inadvertently required all similar operations to obtain additional permission to operate in the Marine Park B Zone. This regulation has now been amended to rectify this unintended consequence by inserting a new regulation 13 that specifies a limit of 20 people per day for vessel discharges in the Cairns Section, except for those who hold a permit to provide tourist or educational facilities, establish a tourist or educational program, or undertake research or construction, as per the Cairns Section Zoning Plan. This amendment is intended as a transitional measure until a revised Zoning Plan is introduced.
The policy objective of this amendment is to ensure that the operations within the Great Barrier Reef Marine Park are adequately regulated to prevent severe environmental disturbances while allowing legitimate activities to proceed without undue restriction. The penalty for non-compliance with the new regulation is set at $5,000, ensuring that the regulations are enforced effectively. This amendment aims to maintain the ecological integrity of the Marine Park while allowing for the continuation of legitimate commercial and research activities.
Scope and Application
The Great Barrier Reef Marine Park Regulations (Amendment) 1990 No. 35 applies to individuals and entities operating vessels or hovercraft in the Marine National Park B Zone of the Cairns Section of the Great Barrier Reef Marine Park. This regulation specifically addresses the oversight of operations involving the discharge of more than 20 people per day, ensuring that all such activities comply with the permit requirements of the Marine Park. The regulation is intended to correct an unintended consequence of a previous regulation that required all similar operations outside the B Zone to also obtain additional permission to operate within it. This amendment serves to streamline the regulatory process while maintaining stringent environmental protections for the area. The amendment applies across the Commonwealth and is overseen by the Minister for the Arts, Sport, the Environment, Tourism and Territories. Notably, this regulation does not exempt any entities from its requirements, ensuring uniform application to all operators within the specified zone and activities. Subordinate instruments may further refine or extend the application of these regulations.
Key Provisions
The main operative sections of the Great Barrier Reef Marine Park Regulations (Amendment) are sections 1 and 3. Section 1 outlines the repeal of the existing regulation 13 and the insertion of a new regulation 13, which addresses the unintended consequences of the previous regulation. The new regulation 13 limits the number of people that a person may discharge each day from a vessel or hovercraft in the Cairns Section to 20, unless the person already has a permission to provide a tourist or educational facility, establish a tourist or educational program, or undertake research or construction using that vessel or hovercraft. This is specified in section 3, which details the new regulation 13 and its application in the Marine National Park B Zone of the Cairns Section.
The Act imposes specific obligations on parties operating vessels or hovercrafts in the Cairns Section of the Great Barrier Reef Marine Park. Firstly, any person who wishes to discharge more than 20 people per day from a vessel or hovercraft must obtain the necessary permissions as outlined in the new regulation 13. These permissions may include providing a tourist or educational facility, establishing a tourist or educational program, or undertaking research or construction, all in accordance with the Cairns Section Zoning Plan. Operators must ensure compliance with these requirements to avoid any legal repercussions.
There are potential consequences for breaches of the new regulation 13. Section 3 of the Act specifies that the penalty for non-compliance is a fine of $5,000. This penalty applies to those who operate vessels or hovercrafts in the Cairns Section of the Marine Park without the necessary permissions when discharging more than 20 people per day. It is important for operators to adhere to these regulations to avoid financial penalties and to help protect the fragile ecosystem of the Great Barrier Reef.