Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 296
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 296
Issued under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories
Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Marine Park Regulations (Amendment)
The purpose of the Great Barrier Reef Marine Park Regulations (Amendment) is to give effect to the provisions of the Great Barrier Reef Marine Park Amendment Act 1991, which introduced compulsory pilotage for certain categories of ships when navigating in the hazardous northern part of the Great Barrier Reef Region and in Hydrographer's Passage, which is located off Mackay, Queensland.
Regulation 1 makes 1 October 1991 the date on which these regulations commence.
Regulation 2 provides for the Great Barrier Reef Marine Park Regulations to be amended.
Regulation 3 provides for the insertion of 'Part 4A-Compulsory Pilotage' into the Regulations. This new part incorporates the following provisions:
Regulation 26A(1) sets out the range of information an applicant must provide to the Minister in order for the Minister to make a decision on whether to exempt the applicant from the pilotage requirement. The regulation retains a discretionary power for the Minister to make a decision even if all the prescribed information is not provided so as to take account of instances where all the information is either not required or is not applicable to the nature of the particular shipping operation proposed. A definition for the terms 'hazardous goods' and 'oil' have been provided in regulation 26A(2) which are consistent with the use of those terms in the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
Regulation 2613(1) provides a means for the Minister to seek further information from an applicant for an exemption from the pilotage requirements if the Minister considers that information is necessary for the Minister to make a decision. Regulation 26B(2) allows for an application for exemption to be considered to have lapsed if this further information is not provided.
The provisions of regulation 26C allow the Minister to apply conditions to the granting of an exemption.
An applicant who has been granted an exemption from the pilotage requirements is obliged under regulation 26D to notify the Minister in writing, if the circumstances of the operation of the vessel change while it is operating in the compulsory pilotage area if these changes may have altered the Minister's decision to grant an exemption.
Regulation 26E provides a means for the Minister to terminate an exemption should the applicant breach the conditions that have been applied to the granting of the exemption.
Regulation 4 amends the heading of Part V of the Regulations to reflect that there will be a fee for applications to the Minister for exemption from the compulsory pilotage provisions and that this fee is separate to those charges which apply to applications for permission from the Great Barrier Reef Marine Park Authority under a zoning plan. This regulation has been amended so as to reflect current legislative drafting practice.
The new regulation 28 describes the fees detailed in Schedule 4. These refer only to applications for permission from the Great Barrier Reef Marine Park Authority for activities of a commercial nature in the Great Barrier Reef Marine Park.
Regulation 6 amends the wording of regulation 29 which refers to the indexation of fees applying to applications for permission under Marine Park Zoning Plans so as to reflect current legislative drafting practice.
Regulation 7 inserts a new regulation 33 which imposes a $500 fee for an application for an exemption from the requirements of compulsory pilotage.
Regulation 8 inserts a new Schedule 3 which describes the form of the identity card that will be carried by inspectors appointed to enforce the compulsory pilotage regulations.
Regulation 9 amends the heading of Schedule 4 to make it clear that this Schedule only refers to fees in respect of applications for permission from the Great Barrier Reef Marine Park Authority for activities of a commercial nature under the provisions of a zoning plan.
Overview
The Great Barrier Reef Marine Park Regulations (Amendment) 1991, Statutory Rules 1991 No. 296, were introduced to address the need for enhanced navigational safety in the hazardous areas of the Great Barrier Reef, specifically in the northern part of the Great Barrier Reef Region and Hydrographer's Passage off Mackay, Queensland. This legislative amendment was enacted under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, pursuant to the Great Barrier Reef Marine Park Act 1975. The primary objective of these amendments was to implement the compulsory pilotage provisions as outlined in the Great Barrier Reef Marine Park Amendment Act 1991, aimed at reducing maritime accidents and environmental risks in these high-risk areas. The regulations introduce Part 4A, which includes provisions for pilotage exemptions, information requirements, conditions, and fees for applications, thereby ensuring a structured approach to managing compulsory pilotage and its associated exemptions.
Scope and Application
The Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 296 applies to ships navigating in the hazardous northern part of the Great Barrier Reef Region and in Hydrographer's Passage, off Mackay, Queensland, implementing the compulsory pilotage requirements introduced by the Great Barrier Reef Marine Park Amendment Act 1991. This regulation primarily affects ship operators and their pilots, who must comply with the new pilotage rules to ensure safe navigation in these areas. The amendment also imposes obligations on the Minister for the Arts, Sport, the Environment, Tourism and Territories, who has the authority to grant exemptions from the pilotage requirements, impose conditions on these exemptions, and terminate them if conditions are breached. The regulations establish a fee for applications for exemption from compulsory pilotage, distinct from other fees associated with the Great Barrier Reef Marine Park Authority, and detail the form of the identity card for inspectors enforcing these regulations. The scope of the amendments extends to Commonwealth jurisdiction, ensuring a unified approach to the management and protection of this critical marine environment.
Key Provisions
The Great Barrier Reef Marine Park Regulations (Amendment) 1991 No. 296 outlines several key provisions that pertain to the compulsory pilotage requirements for certain categories of ships navigating through the hazardous northern part of the Great Barrier Reef Region and in Hydrographer's Passage. Regulation 3 inserts a new Part 4A, titled 'Compulsory Pilotage', which outlines the requirements for ships that must employ a pilot when navigating these areas. Under regulation 26A(1), applicants seeking an exemption from these pilotage requirements must submit a range of information to the Minister, which will be used to determine whether an exemption is warranted. This information includes details pertinent to the ship's operations and the nature of the cargo it carries. It is also important to note that while regulation 26A(2) provides definitions for terms such as 'hazardous goods' and 'oil', the Minister retains the discretion to make a decision even if all prescribed information is not provided.
The obligations imposed by these regulations are significant for parties involved in maritime operations within the specified areas. For instance, under regulation 26C, the Minister has the authority to impose conditions on any exemption granted to an applicant. These conditions may be related to the operational parameters of the ship or the nature of the cargo it carries. Furthermore, regulation 26D requires that any applicant who has been granted an exemption must notify the Minister in writing if there are changes to the circumstances of the ship's operation that could affect the decision to grant the exemption. Regulation 26E allows the Minister to terminate an exemption if the applicant breaches the conditions attached to the exemption.
Breaches of the regulations or failure to comply with the compulsory pilotage requirements may result in various penalties and consequences. While the specific penalties are not detailed in the explanatory statement, it is reasonable to infer that non-compliance with the compulsory pilotage provisions could result in legal action. This might include fines, vessel detention, or other enforcement actions aimed at ensuring compliance with the regulations. Additionally, regulation 7 introduces a $500 fee for applications for exemption from the compulsory pilotage requirements, as specified in the new regulation 33. This fee is separate from those charges applicable to applications for permission from the Great Barrier Reef Marine Park Authority under a zoning plan, as outlined in regulations 28 and 29. Overall, the regulations aim to enhance maritime safety and environmental protection within these sensitive marine areas.