Notice of an application made by Cruise Whitsundays Pty Ltd to keep installed two (2) sea installations being the Tourist Pontoon and Helicopter Pontoon at Knuckle Reef

Overview

The Sea Installations Act 1987 was enacted to provide for the control of sea installations, particularly within the Great Barrier Reef Marine Park, and to address the potential environmental impacts of such installations. This Act was introduced to ensure that any sea installations do not adversely affect the marine environment, and it establishes a regulatory framework for the approval, monitoring, and management of these installations. The enacting body was the Australian Parliament, reflecting a national policy objective to preserve and protect the ecological integrity of the Great Barrier Reef. The notice of application under the Sea Installations Act 1987, published in the Gazette on 11 November 2013, indicates that Cruise Whitsundays Pty Ltd applied to maintain two sea installations—a Tourist Pontoon and a Helicopter Pontoon at Knuckle Reef. This application is subject to the provisions of the Act, which seeks to balance the needs of maritime activities with the imperative to conserve the unique marine ecosystem of the Great Barrier Reef. Further information regarding the application can be obtained from the Great Barrier Reef Marine Park Authority or Cruise Whitsundays Pty Ltd, as detailed in the notice.

Scope and Application

The Sea Installations Act 1987 applies to any person or entity proposing to install, maintain, use or alter sea installations within the jurisdiction of the Commonwealth of Australia, specifically within the Great Barrier Reef Marine Park. The Act mandates that applications for permission to install or keep sea installations be made to the Great Barrier Reef Marine Park Authority, which then assesses these applications to ensure compliance with environmental and operational regulations. This particular notice pertains to an application by Cruise Whitsundays Pty Ltd for the continued use of two sea installations, the Tourist Pontoon and Helicopter Pontoon at Knuckle Reef. The Act does not specify exclusions or exemptions within the text, but it is understood that all applications must adhere to the criteria set out in the Act and any relevant subordinate legislation. The application process is a means by which the Authority can extend or restrict the application of the Act by imposing conditions on the installations or operations.

Key Provisions

The main operative sections of the Sea Installations Act 1987 in this context are Section 36(1)(b) (paragraph 1). This section requires that an application be submitted to the relevant authority for the purpose of keeping installed sea installations. In this case, the application made by Cruise Whitsundays Pty Ltd pertains to maintaining two specific installations: the Tourist Pontoon and the Helicopter Pontoon at Knuckle Reef. The application must include sufficient details about the installations and the reasons for their continued use, as well as any relevant environmental, safety, and operational information. The Act imposes several obligations on the parties involved. The applicant, Cruise Whitsundays Pty Ltd, is required to provide detailed information about the installations, including their purpose, operational details, and any potential environmental impacts. This information must be accurate and comprehensive to allow the relevant authorities to make an informed decision. Furthermore, the applicant must demonstrate compliance with all relevant laws and regulations, including those pertaining to marine environmental protection and safety standards. The Great Barrier Reef Marine Park Authority, as the governing body, has the responsibility to review the application thoroughly, assess the potential impacts, and either approve or deny the application based on the provided information. The Sea Installations Act 1987 also outlines specific consequences for non-compliance or breaches of its provisions. If Cruise Whitsundays Pty Ltd fails to comply with the requirements of the Act, it may face civil or criminal penalties. The precise nature of these penalties is not detailed in the notice; however, typically, breaches could result in fines, orders for remediation, or other corrective measures. The severity of the penalties would depend on the nature and extent of the non-compliance, and the Act provides the authorities with the discretion to impose appropriate sanctions. Failure to maintain the installations in accordance with the approved conditions could lead to further enforcement actions, including the potential removal of the installations if they are deemed harmful to the marine environment or public safety. In summary, Section 36(1)(b) of the Sea Installations Act 1987 mandates that Cruise Whitsundays Pty Ltd submit a detailed application for the continued use of the Tourist Pontoon and Helicopter Pontoon at Knuckle Reef. The applicant must provide comprehensive information and demonstrate compliance with relevant laws. The Great Barrier Reef Marine Park Authority is tasked with reviewing the application and making a decision based on the provided data. Failure to adhere to the Act's provisions could result in civil or criminal penalties, including fines or orders for remediation, reflecting the importance of environmental protection and safety in marine operations.