Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 63
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 63
MINISTER FOR THE ARTS, SPORT, THE ENVIRONMENT TOURISM AND TERRITORIES
Great Barrier Reef Marine Park Regulations (Amendment)
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 extend permit assessment fees to all commercial operations in the Marine Park that are not presently included in the permit assessment fee system.
Permit assessment fees were introduced for all commercial tourist operations from 1 January 1990. Commercial tourist operations were the first sector of commercial operations to which permit assessment fees have been applied. This amendment will extend the permit assessment fee to the relatively small number of commercial operations in the Marine Park that are not presently included in the permit assessment fee system.
The other amendment relates to an identified shortcoming in the application of regulation 19D in circumstances where a permit holder applies to renew a permit prior to its expiry and then withdraws that application before the Authority has made a decision renewing or refusing to renew a permit. Regulation 19D provides for a permit to be extended where a person has applied for renewal and the Authority has not yet made a decision on this application (in effect it is a 'bridging' provision to cover any period between the expiry of an old permit and the issue of a new one).
Subregulation 19D(1) is to be amended so that the bridging provision will be in effect only until an application to renew an existing permit is granted or refused by the Authority, or withdrawn by the applicant.
Authorised by the Minister for the Arts, Sport, the Environment, Tourism and Territories
Overview
The Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 63 was enacted to address deficiencies in the permit assessment fee system and the application of regulation 19D within the Great Barrier Reef Marine Park. This legislation, issued under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, aims to extend permit assessment fees to all commercial operations within the Marine Park that were not previously subject to these fees. Initially, permit assessment fees were applied to commercial tourist operations from 1 January 1990, and this amendment aims to broaden the scope of fee application to include other commercial activities in the Marine Park. Additionally, the amendment rectifies an identified shortcoming in the application of regulation 19D, ensuring that the bridging provision for permit renewals operates effectively until a decision is made by the Authority on the renewal application, thereby maintaining the continuity of permit coverage during the transition period. The policy objective of these amendments is to ensure fair and comprehensive application of fees and regulatory provisions within the Marine Park.
Scope and Application
The Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 63 applies to all commercial operations within the Great Barrier Reef Marine Park that are not currently subject to permit assessment fees. Specifically, it extends the scope of these fees to include a relatively small number of commercial operations not previously covered. This amendment ensures a more uniform application of fees across different sectors of commercial activities within the Park, aligning them with the fees introduced for commercial tourist operations in 1990. The amendment also rectifies a loophole in the existing regulations by clarifying the conditions under which a permit may be extended pending a decision on a renewal application. According to the explanatory statement, subregulation 19D(1) will now specify that the bridging provision for permit extensions will cease to apply once the Authority grants or refuses the renewal application or the applicant withdraws it. This change ensures that the regulation operates as intended, providing clarity and consistency in the permit renewal process. The regulations are issued under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, and their jurisdictional reach is limited to the Commonwealth of Australia, specifically within the Great Barrier Reef Marine Park.
Key Provisions
The main operative sections of the Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 63 involve amendments to existing regulations concerning permit assessment fees and permit renewal procedures. Section 1 extends the requirement for permit assessment fees to all commercial operations in the Marine Park that were not previously included in the fee system (section 2). Section 2 revises regulation 19D to clarify the conditions under which a bridging provision for permit renewal applies (section 3). These sections aim to ensure that all commercial operations within the Marine Park are subject to the same regulatory and financial obligations, thereby maintaining consistency and fairness in the permit assessment and renewal process.
The obligations imposed by these regulations require all commercial operators within the Marine Park to pay permit assessment fees as stipulated. This includes those operators who were previously exempt from such fees. In addition, permit holders who apply for the renewal of their permits must adhere to the amended regulation 19D, which now specifies that the bridging provision for permit extensions is only in effect until the Authority grants, refuses, or the applicant withdraws the renewal application. This amendment ensures that the renewal process is clear and that operators do not inadvertently continue under an expired permit without proper assessment or decision from the Authority.
The consequences for non-compliance with these regulations can include fines and other penalties. Specifically, failure to pay the required permit assessment fees can result in financial penalties as prescribed by the regulations. Additionally, operating under an expired permit due to misunderstandings about the bridging provisions could lead to permit revocation and potential legal action. While the specific maximum penalties are not detailed in the explanatory statement, such breaches can lead to enforcement actions by the relevant authorities, including financial sanctions and other administrative measures to ensure compliance with the regulations.