Great Barrier Reef Marine Park Regulations (Amendment)

Administered by Department of the Environment and Energy

Legislation au F1996B01957 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

MINISTER FOR THE ARTS. SPORT. THE ENVIRONMENT TOURISM AND TERRITORIES

Great Barrier Reef Marine Park Regulations (Amendment)

1989 No. 368

The prime purpose of the Great Barrier Reef Marine Park Regulations (Amendment) is to enable the introduction of permit assessment fees from 1 January 1990 and to increase the limit of a contract that the Authority can enter into without requiring the approval of the responsible Minister.

Details of the amendments follow:

Regulation 19D is amended to include a reference to the circumstances in which applications for a permit lapse, such as when further information is sought by the Authority and not provided by the applicant (regulations 10(2), 13AE(2), and 13E (2)) or where the applicant fails to pay the required fee (regulation 32).

Regulation 22 is amended to provide permit applicants with the means to have the Authority reconsider a decision to require a fee and if dissatisfied by the outcome of the Authority’s reconsideration then to have the matter considered by the Administrative Appeals Tribunal.

Paragraph 56(a) of the Great Barrier Reef Marine Park Act provides for the prescription by regulation of the value of a contract the Authority can enter into without seeking the approval of the Minister. The limit prescribed by regulation 25 is $150,000. The current limit, set in 1975, is $50,000.

Regulation 26 requires the Authority not to issue a permit unless an assessment has been made of the impact an activity will have on the Marine Park and the Great Barrier Reef.

Regulation 27(1) describes the types of permits for which assessment fees will be required to be paid. Traditional fishing, hunting and gathering and the taking of animals and plants which pose a threat to human life or safety, or to marine or island ecosystems are excluded.

Regulation 27(2) provides that in relation to Part V of the regulations and Schedule 4, a reference to an activity includes entering and using the Marine Park.

Regulation 27(3) defines the meaning of a continuation (renewal) of a permit.

Regulation 27(4)(a) defines a Public Environment Report as that prepared


under the provisions of the Environment Protection (Impact of Proposals) Act (1974) and 27(4)(b) provides that an assessment report prepared under any other circumstances which the Authority requires an equivalent level of work on the part of the Authority is to be treated as if it were a Public Environment Report under paragraph 27(5)(a).

Regulation 27(5)(a) describes an Environmental Impact Statement prepared under the provisions of the Environment Protection (Impact of Proposals) Act (1974) and 27(5)(b) describes an equivalent assessment report prepared under any other circumstances which the Authority considers fulfils the requirements of an Environmental Impact Statement under that legislation.

Regulation 28 describes the circumstances where the Authority will impose a fee for an application for permission. Fees are to be imposed in the first instance, where the applicant for permit seeks to carry on an activity in the Marine Park for tourism or a purpose associated with tourism. The fees to be charged are set out in Schedule 4.

Regulation 29 provides a formula for the fees to be increased annually in line with the Consumer Price Index (All Groups) applying to Brisbane. Fees will be rounded down to the nearest $10.

Regulation 31(1) requires the Authority to notify an applicant for a permit of the date of the notice and the amount of the fee to be imposed. Payment of the full amount set out in the notice is required within 21 days unless the activity proposed in the application requires the preparation of an assessment report, the fee for which may be paid in part.

Regulation 31 (2) provides for an application for a permit to be withdrawn within 21 days without the imposition of a fee and for the refund of any fee already paid if the application is withdrawn within the 21 day period.

Regulation 31(3) requires an applicant for a permit that requires the preparation of an assessment report as described in Schedule 4 and who has paid $10,000 as part payment, to pay the balance of the amount due within 21 days of the release of the assessment report for public comment.

Regulation 32 describes the circumstances in which an application lapses where the fee in Schedule 4 has not been paid.

Authorised by

the Minister for the Arts, Sport, the Environment, Tourism and Territories

Overview

The Great Barrier Reef Marine Park Regulations (Amendment) 1989 No. 368 was enacted to address the need for financial resources to manage the Great Barrier Reef Marine Park effectively, while also ensuring that the administrative processes for permits are fair and transparent. This amendment was introduced by the Minister for the Arts, Sport, the Environment, Tourism and Territories and authorised by Parliament to enhance the capacity of the Great Barrier Reef Marine Park Authority. The policy objective is to enable the Authority to introduce permit assessment fees starting from 1 January 1990, thereby generating necessary revenue for the maintenance and protection of the Marine Park, while also increasing the limit of contracts the Authority can enter into without ministerial approval. This amendment seeks to balance the economic activities within the Marine Park with the imperative of preserving its ecological integrity.

Scope and Application

The Great Barrier Reef Marine Park Regulations (Amendment) 1989 No. 368 applies to the Great Barrier Reef Marine Park Authority and any persons or entities seeking permits to carry out activities within the Marine Park. The regulation introduces permit assessment fees for certain activities and increases the limit of a contract that the Authority can enter into without requiring the approval of the responsible Minister. The amendments apply to activities within the Commonwealth's jurisdiction and are applicable to any person or entity seeking to carry on an activity in the Marine Park for tourism or a purpose associated with tourism. The amendments do not apply to traditional fishing, hunting and gathering activities, or activities that pose a threat to human life or safety, or to marine or island ecosystems. The amendments are made pursuant to the Great Barrier Reef Marine Park Act, and the regulations can be further extended or restricted through subordinate instruments. The fees are set out in Schedule 4 and are to be increased annually in line with the Consumer Price Index (All Groups) applying to Brisbane.

Key Provisions

The primary focus of the Great Barrier Reef Marine Park Regulations (Amendment) 1989 No. 368 (the "Amendment") is to introduce permit assessment fees for activities in the Marine Park and to increase the limit of contracts that the Great Barrier Reef Marine Park Authority can enter into without requiring ministerial approval. Under regulation 19D, permit applications will lapse if the Authority seeks additional information and the applicant fails to provide it (regulations 10(2), 13AE(2), and 13E(2)) or if the applicant fails to pay the required fee (regulation 32). Regulation 22 allows applicants to seek reconsideration of a fee decision by the Authority and, if dissatisfied with the outcome, to have the matter reviewed by the Administrative Appeals Tribunal. The Amendment imposes several obligations on the Authority and permit applicants. Firstly, under regulation 26, the Authority is required not to issue a permit unless it has assessed the impact of the proposed activity on the Marine Park and the Great Barrier Reef. Regulation 27(1) specifies the types of permits that will attract an assessment fee, excluding certain activities such as traditional fishing, hunting, gathering, and the taking of animals and plants that pose a threat to human life or safety, or to marine or island ecosystems. Regulation 27(2) clarifies that the term "activity" includes entering and using the Marine Park. Regulation 27(4) defines "Public Environment Report" and "Environmental Impact Statement" and regulation 28 sets out the circumstances where a fee will be imposed, particularly for tourism-related activities. Regulation 31(1) requires the Authority to notify applicants of the fee amount and payment deadline, and regulation 31(2) and (3) provide provisions for fee payment and refund. The Amendment introduces civil consequences for non-compliance with the fee requirements. Under regulation 32, an application will lapse if the fee is not paid within the stipulated timeframe, effectively preventing the permit from being issued. This provision ensures that applicants meet the financial obligations associated with their permit applications. In summary, the Great Barrier Reef Marine Park Regulations (Amendment) 1989 No. 368 introduces permit assessment fees for activities in the Marine Park, increases the limit of contracts the Authority can enter into without ministerial approval, and imposes obligations on both the Authority and permit applicants. Non-compliance with the fee requirements results in the lapse of the permit application.

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