EXPLANATORY STATEMENT
1988 No. 185
Issued by the Minister of State for the Arts, Sport, the Environment, Tourism and Territories
Subject: Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Marine Park Regulations (Amendment)
Section 66 of the Great Barrier Reef Marine Park Act 1975 (the Act) provides that:
“66(1) The Governor General may make regulations, not inconsistent with this Act or with a zoning plan, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
66(2) Without limiting the generality of sub-section (1), regulations may be made -
(b) providing for giving effect to, and enforcing the observance of, zoning plans.”
The Mackay/Capricorn Section was declared to be part of the Marine Park on 13 September 1987 and the Zoning Plan comes into operation on 1 August 1988. The Great Barrier Reef Marine Park Regulations (Amendment) extends the application of the Great Barrier Reef Marine Park Regulations to the Mackay/Capricorn Section of the Marine Park.
The Mackay/Capricorn Section Zoning Plan replaces the Capricornia Section Zoning Plan, which had been in effect since July 1981, and introduces the zoning to the rest of the Marine Park south of the Whitsunday Island Group
In addition, the proposed amendments include a transitional provision allowing permits, issued by the Authority under the Capricornia Section Zoning Plan before the commencement of these Regulations, to continue in force until the expiry of the period for which the permission was granted. These permits relate to the use of the resources of the Marine Park by, for example, tourist boat operations, researchers and fishing operations. The permission therefore applies as if it were a permission granted in relation to the Mackay/Capricorn Section under the Principal Regulations as amended by these Regulations.
Details of the proposed Regulations are specified in the attachment to this Explanatory Statement.
ATTACHMENT
DETAILS OF PROPOSED GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT)
Regulation 1 | - | Provides for the commencement of the Regulations on 1 August 1988. |
Regulation 2 | - | Provides for the citation of the Regulations. |
Regulation 3 | - | Amends existing Regulation 4: |
| | (a) by deleting the definition of the ‘Capricornia Section’; |
| | (b) by inserting a definition of the ‘Mackay/Capricorn Section’; |
| | (c) by including a reference to the Mackay/Capricorn Section in the definition of the term ‘relevant permission’; and |
| | (d) by including a reference to the Mackay/Capricorn Section in the definition of the term ‘zone’. |
Regulation 4 | - | Repeals Regulation 5 of the Principal Regulations. Regulation 5 established transitional provisions between previous Regulations Amendments and the Regulations (Capricornia Section). The transitional provisions are now redundant. |
Regulation 5 | - | Amends the heading of Part II of the Principal Regulations by omitting the words ‘CAPRICORNIA SECTION’. |
Regulation 6 | - | Amends Regulation 6A of the Principal Regulations by omitting the term ‘the Capricornia Section’ from the definition of the term ‘zone’ as the Section no longer exists and by omitting the definition of the term ‘zoning plan’ as it is defined in the Principal Regulation 4(1). |
Regulation 7 | - | Amends Regulation 12 of the Principal Regulations by omitting subregulation (3). Subregulation 12 (3) referred to the declaration of Special Management Areas in the Zoning Plan for the Capricornia Section which is replaced, in effect, by the Mackay/Capricorn Section Zoning Plan. |
Regulation 8 | - | Amends the heading of Part IIA of the Principal Regulations by inserting the phrase ‘AND MACKAY/CAPRICORN SECTION’ after ‘CENTRAL SECTION’. |
Regulation 9 | - | Amends Regulation 13AA of the Principal Regulations by inserting the phrase ‘or the Mackay/Capricorn Section’ after ‘Central Section’ in the definition of the term ‘zone’ and by omitting the definition of the term ‘zoning plan’ as it it defined in the Principal Regulation 4(1). |
Regulation 10 | - | Inserts a new Regulation 13FA which creates an offence and provides a penalty of $1,000 in relation to spearfishing in unzoned areas of the Great Barrier Reef Marine Park. |
Regulation 11 | - | Repeals Regulation 18 of the Principal Regulations which created an offence relating to spearfishing in the Capricornia Section, now covered by Regulation 13, and areas of the Marine Park in respect of which a zoning plan was not in force, now covered by the new Regulation 13FA. |
Regulation 12 | - | Provides a mechanism whereby permissions granted by the Great Barrier Reef Marine Park Authority, in relation to the Capricornia Section Zoning Plan, shall continue in force, until the expiry of the period for which the permission was originally granted, as if the permission was granted in relation to the Mackay/Capricorn Section under the Principal Regulations as amended by these Regulations. |
Overview
The Great Barrier Reef Marine Park Act 1975, enacted by the Commonwealth Parliament, was introduced to provide for the protection, conservation, and management of the Great Barrier Reef Marine Park. The Act established the Great Barrier Reef Marine Park and created the Great Barrier Reef Marine Park Authority to manage it. The Great Barrier Reef Marine Park Regulations (Amendment) 1988 was introduced to address the need to update the existing regulations to accommodate the newly declared Mackay/Capricorn Section of the Marine Park. The amendment extended the application of the Great Barrier Reef Marine Park Regulations to this new section and repealed certain outdated regulations related to the previous Capricornia Section Zoning Plan. The policy objective of the amendment was to ensure the effective management and conservation of the Marine Park, including the protection of its resources and biodiversity. The transitional provisions allowed existing permits issued under the Capricornia Section Zoning Plan to continue in force, ensuring continuity of operations for businesses and activities within the Marine Park.
Scope and Application
The Great Barrier Reef Marine Park Regulations (Amendment) pertains to the governance and management of the Great Barrier Reef Marine Park, extending its application to the Mackay/Capricorn Section which was declared as part of the Marine Park on 13 September 1987. These regulations ensure that the management practices and zoning plans applicable to the Central Section are now also applicable to the Mackay/Capricorn Section, which replaces the previous Capricornia Section Zoning Plan. The regulations apply to any persons, entities, and industries operating within the Marine Park, including tourist boat operations, researchers, and fishing operations. The amendments allow permits issued under the former zoning plan to remain in force until their expiration, thereby providing continuity for ongoing activities within the Marine Park. The transitional provision ensures that permissions granted prior to the commencement of these regulations on 1 August 1988 continue to be valid, as if they were granted in relation to the Mackay/Capricorn Section. Furthermore, the regulations establish new offences and penalties, such as a $1,000 penalty for spearfishing in unzoned areas, and repeal previous offences specific to the Capricornia Section.
Key Provisions
The main provisions of the Great Barrier Reef Marine Park Regulations (Amendment) include the amendment of existing regulations to extend the application of the Great Barrier Reef Marine Park Regulations to the Mackay/Capricorn Section of the Marine Park, as declared on 13 September 1987, and which comes into operation on 1 August 1988 (Regulations 3 and 9). The amendment also includes the repeal of Regulation 5 of the Principal Regulations, which established transitional provisions between previous Regulations Amendments and the Regulations (Capricornia Section) (Regulation 4). Furthermore, Regulation 12 ensures that permits issued under the Capricornia Section Zoning Plan before the commencement of these Regulations continue in force until the expiry of the period for which the permission was granted. This provision applies as if the permission was granted in relation to the Mackay/Capricorn Section under the Principal Regulations as amended by these Regulations.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that the Governor General may make regulations, not inconsistent with this Act or with a zoning plan, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act (Section 66(1) of the Act). Moreover, the regulations may be made providing for giving effect to, and enforcing the observance of, zoning plans (Section 66(2)(b) of the Act). This requirement ensures the effective management and enforcement of zoning plans within the Marine Park.
The Act also includes provisions that establish offences, penalties, or civil/criminal consequences for breaches. For instance, Regulation 13FA creates an offence and provides a penalty of $1,000 in relation to spearfishing in unzoned areas of the Great Barrier Reef Marine Park (Regulation 10). This penalty is in place to deter illegal activities and maintain the integrity of the Marine Park ecosystem. Additionally, Regulation 11 repeals Regulation 18 of the Principal Regulations, which created an offence relating to spearfishing in the Capricornia Section, now covered by Regulation 13 (Regulation 11). This amendment ensures that the regulations are up-to-date and aligned with the changes in the zoning plans.
In summary, the Great Barrier Reef Marine Park Regulations (Amendment) primarily extend the application of the Great Barrier Reef Marine Park Regulations to the Mackay/Capricorn Section of the Marine Park. It imposes obligations and requirements on the Governor General to make regulations in line with the Act and zoning plans, as well as to enforce the observance of these regulations. Furthermore, the Act establishes offences, penalties, and civil/criminal consequences for breaches, such as spearfishing in unzoned areas of the Marine Park, with a maximum penalty of $1,000.