Great Barrier Reef Marine Park Regulations (Amendment)

Overview

The Great Barrier Reef Marine Park Regulations (Amendment) 1987 No. 247 was enacted to address several issues and gaps within the existing regulatory framework for the Great Barrier Reef Marine Park. The primary aim of this amendment was to extend the application of the regulations to the Central Section of the Marine Park, which came into effect on 1 October 1987. This extension was necessary to ensure that the regulations comprehensively cover the entire Marine Park, thereby enhancing the protection and management of this critical ecosystem. Additionally, the amendment sought to clarify and define certain terms and procedures related to permits, including their consideration, granting, refusal, and revocation, as well as enforcement of permit conditions. Furthermore, the amendment aimed to align the regulations with the Great Barrier Reef Marine Park Act 1975, ensuring consistency and coherence in the legislative framework. This was achieved by updating the definitions of terms such as "commercial net" to align with the relevant state regulations, and by introducing provisions that allow for the taking of specimens for scientific research and educational purposes. The amendment also expanded the scope of activities for which permits could be granted, including scientific research using spearfishing with underwater breathing apparatus, and introduced measures to hold all responsible parties accountable for offences involving vessels or aircraft. Finally, the amendment provided for the protection of terrestrial plants on Commonwealth-owned islands and large estuary cod, further strengthening the regulatory framework for the conservation of the Great Barrier Reef Marine Park.

Scope and Application

The Great Barrier Reef Marine Park Regulations (Amendment) primarily applies to the Central Section of the Great Barrier Reef Marine Park, extending the regulatory framework established under the Great Barrier Reef Marine Park Act 1975. This legislation is applicable to all individuals and entities engaging in activities within the Central Section of the Marine Park, including permit holders, researchers, and commercial operators. The regulations govern the granting, refusal, and revocation of permits, enforcement of permit conditions, and provide specific guidelines for activities such as scientific research, spearfishing, and the taking of specimens for approved purposes. The Act also encompasses amendments to definitions, such as "commercial net" and "terrestrial plants," ensuring consistency with state regulations and enhancing protection for certain species and areas. The regulations apply nationally within the Commonwealth jurisdiction, but their impact is geographically confined to the Central Section of the Great Barrier Reef Marine Park. Notably, the legislation does not specify exclusions, exemptions, or thresholds, but it does extend its application through subordinate instruments such as the Central Section Zoning Plan and the Fisheries Regulations of the State of Queensland.

Key Provisions

The main operative sections of the Great Barrier Reef Marine Park Regulations (Amendment) provide several key provisions to extend and refine the regulation of activities within the Great Barrier Reef Marine Park. Section 3 defines and clarifies terms and procedures for the consideration, granting, refusal, and revocation of permits, as well as enforcement of permit conditions. This ensures a more structured and transparent process for issuing permits and maintaining compliance. Section 4 amends regulations concerning protected species, enabling the Authority to grant permission for the taking of specimens for approved scientific research or educational purposes, which aids in balancing conservation with academic and educational needs. Additionally, Section 5 aligns the definition of "commercial net" with the revised definition used in the Queensland Fisheries Regulations, ensuring consistency and reducing potential legal ambiguities. Section 6 introduces provisions for advertising the proposed declaration of Reef Appreciation Areas or Reef Research Areas, allowing for public comment before final boundary declarations. This participatory approach ensures that community interests are considered in the regulatory process. The obligations and requirements imposed by the Act on parties and entities governed by it include adherence to the clarified permit processes outlined in Section 3. Permit applicants must now follow a more defined procedure, ensuring that all applications are considered on a consistent basis. Section 4's amendments require that any requests for taking protected species specimens must be for approved scientific research or educational purposes, necessitating thorough documentation and approval processes. Furthermore, Section 5's definition alignment mandates that commercial nets must comply with the updated criteria, requiring entities to adjust their equipment and operations accordingly. Section 6's provisions for advertising and public comment impose a duty on the Authority to ensure transparency and inclusivity in the declaration process of new Reef Appreciation or Reef Research Areas. The Great Barrier Reef Marine Park Regulations (Amendment) also outlines specific offences, penalties, and consequences for breaches. Under Section 7, any person responsible for a vessel or aircraft involved in an offence is liable, including the master, pilot, owner, or co-owner, thereby ensuring accountability extends beyond the immediate operator. Section 8 stipulates penalties for unauthorised activities related to protected species and commercial nets, with potential fines and imprisonment for non-compliance. Additionally, Section 9 imposes civil and criminal penalties for offences involving the unauthorised declaration or use of Reef Appreciation or Reef Research Areas, including significant fines and potential imprisonment terms. These provisions collectively aim to deter unlawful activities and enforce the protection of the Great Barrier Reef ecosystem.