EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 303
Issued by the Authority of the Minister for the Environment, Heritage and the Arts
Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009
Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act or with a zoning plan, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act establishes the Great Barrier Reef Marine Park Authority (the Authority) and makes provision for and in relation to the establishment, control, care and development of a marine park in the Great Barrier Reef Region.
The Regulations repeal the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 (the Principal Regulations) consequential to the changes made to the Act by the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 (the Amendment Act).
The Regulations are outlined in more detail in Attachment A.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the same day as Schedule 6 of the Amendment Act comes into force.
ATTACHMENT A
Details of the Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009.
Regulation 2 – Commencement
The regulation provides for the Regulations to commence on the same day Schedule 6 of the Amendment Act comes into force.
Regulation 3 – Repeal
The Amendment Act establishes a provision in the Act that has the effect of prohibiting mining in the Great Barrier Reef Region. Prior to the Amendment Act taking effect the Act provided for the prohibition of mining in the Great Barrier Reef Marine Park. The Great Barrier Reef Region is slightly larger than the Marine Park. As such those parts of the Great Barrier Reef Region that fall outside the boundary of the Marine Park were not afforded protection under the Act. Therefore, the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 were established to provide for the prohibition of mining for the entire Great Barrier Reef Region, which includes the Marine Park.
As a consequence of the Act amendments to prohibit mining in the Great Barrier Reef Region, the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 are no longer required and therefore repealed.
Overview
The Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009 were enacted to repeal the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999, following amendments to the Great Barrier Reef Marine Park Act 1975 (the Act) made by the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008. This change was implemented to address a gap in the legislation, whereby the original Act provided for the prohibition of mining within the Great Barrier Reef Marine Park but not the entire Great Barrier Reef Region. The new legislation now prohibits mining across the entire Great Barrier Reef Region, thereby providing comprehensive protection to the area. These Regulations were issued under the authority of the Minister for the Environment, Heritage and the Arts and are intended to ensure the continued protection and preservation of the Great Barrier Reef Region.
The Great Barrier Reef Marine Park Act 1975 established the Great Barrier Reef Marine Park Authority to oversee the establishment, control, care, and development of a marine park in the Great Barrier Reef Region. The Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009 were made under subsection 66(1) of the Act, which allows the Governor-General to make regulations necessary for carrying out or giving effect to the Act. The Regulations came into effect on the same day as Schedule 6 of the Amendment Act, thereby ensuring that the updated legislative framework was implemented smoothly and effectively.
Scope and Application
The Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009, issued under the authority of the Minister for the Environment, Heritage and the Arts, repeal the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999. These regulations apply to the Great Barrier Reef Region, extending beyond the boundaries of the Great Barrier Reef Marine Park to ensure comprehensive protection against mining activities across the entire region. The repeal is consequential to the amendments made to the Great Barrier Reef Marine Park Act 1975 by the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008, which now include a provision prohibiting mining in the entire Great Barrier Reef Region. The Regulations are designed to ensure there is no inconsistency with the amended Act or with any zoning plans within the region, thus maintaining the integrity of the marine park and its surrounding environment. The repeal of the 1999 Regulations reflects the updated legislative framework which now inherently covers the entire region, eliminating the need for separate regulations to cover areas outside the Marine Park.
Key Provisions
The Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009 (the Regulations) serve to repeal the previous set of regulations established in 1999, which prohibited mining within the entire Great Barrier Reef Region. This repeal is a direct result of legislative amendments made to the Great Barrier Reef Marine Park Act 1975 (the Act) by the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 (the Amendment Act). Under the new Act, mining is prohibited in the entire Great Barrier Reef Region, thereby rendering the 1999 Regulations redundant (Reg. 3). The Regulations are set to commence on the same day that Schedule 6 of the Amendment Act comes into effect.
These Regulations impose obligations on any entity or individual intending to engage in mining activities within the Great Barrier Reef Region. With the repeal of the 1999 Regulations, parties are now required to comply directly with the prohibition on mining as stipulated in the amended Act. This prohibition extends across the entire Great Barrier Reef Region, ensuring comprehensive protection against mining activities, which could potentially harm the marine ecosystem and biodiversity within this critical area. The Regulations ensure that the new legislative framework is adhered to uniformly, without the need for additional regulatory stipulations (Reg. 3).
The Regulations also address potential breaches and the consequences thereof. While the Regulations themselves do not outline specific offences or penalties, breaches of the mining prohibition in the Great Barrier Reef Region are addressed under the Great Barrier Reef Marine Park Act 1975. Offences involving unauthorised mining activities within the protected region can lead to criminal charges. Penalties for such offences can include substantial fines and imprisonment, reflecting the serious nature of environmental protection and the importance of preserving the Great Barrier Reef. The exact penalties depend on the specific circumstances of the breach, but they can be severe, underscoring the commitment to safeguarding this natural wonder (s. 66(1)).