NOTICE OF A DECISION TO GRANT A SEA INSTALLATIONS PERMIT UNDER THE SEA INSTALLATIONS ACT 1987
Pursuant to Section 36 (2) Pursuant to Section 36(2) of the Sea Installations Act 1987, notice is hereby given that a permit was granted on 4 December 2013 under the Sea Installations Act 1987 pursuant to subsection 17(1) of the Act, to allow:
CRUISE WHITSUNDAYS PTY LTD (ACN 105 420 737) a company duly incorporated according to law and having its registered office at Shop 9 Abel Point Marina Village, Shingley Drive, Airlie Beach, Queensland 4802 , to keep installed and operate the installation being the Knuckle Reef tourist pontoon at Knuckle Reef subject to conditions.
Details of the decision may be obtained from the Manager, Major Projects (07 47500 700), Great Barrier Reef Marine Park Authority, PO Box 1379, Townsville QLD 4870.
Bruce Elliot
General Manager
Biodiversity Conservation and Sustainable Use Branch
Great Barrier Reef Marine Park Authority
Overview
The Sea Installations Act 1987 was enacted by the Parliament of Australia to address the need for regulation and oversight of installations in sea areas, particularly in environmentally sensitive areas such as the Great Barrier Reef Marine Park. The Act provides a framework for the control of installations that could potentially harm marine environments, ensuring that activities are conducted in a manner that protects the marine ecosystem while allowing for necessary developments that align with broader economic and social objectives. The legislation enables the Great Barrier Reef Marine Park Authority to issue permits for installations subject to specific conditions, thereby balancing environmental protection with operational needs. The policy objective of the Act is to protect and conserve the marine environment while allowing for sustainable development and use of the sea areas.
Scope and Application
The Sea Installations Act 1987 applies to any entity, including individuals, companies, or other legal persons, seeking to install or operate any sea installation within Australian waters. This encompasses a broad range of activities and entities, from commercial enterprises to recreational operations, provided they involve structures or installations in the sea. The Act's jurisdictional reach extends across the Commonwealth of Australia, including state and territory waters, thereby ensuring a cohesive regulatory framework for marine installations nationwide. Notably, the Act includes specific exclusions and exemptions, often delineated through subordinate instruments, which can provide clarity on what types of installations are subject to permitting requirements. In the case of CRUISE WHITSUNDAYS PTY LTD, the permit granted under this Act allows for the installation and operation of the Knuckle Reef tourist pontoon, subject to specified conditions, illustrating the Act's role in balancing operational needs with environmental and safety considerations.
Key Provisions
The Sea Installations Act 1987 (the Act) governs the establishment, operation, and maintenance of installations in Australian waters, including offshore structures such as the Knuckle Reef tourist pontoon mentioned in the notice. Section 17(1) allows for the granting of a permit to operate an installation, subject to conditions that ensure safety and environmental protection. In this case, Section 36(2) mandates the publication of the decision to grant a permit, ensuring transparency and public access to such critical information. The permit granted to CRUISE WHITSUNDAYS PTY LTD (ACN 105 420 737) under this provision permits them to keep installed and operate the Knuckle Reef tourist pontoon, subject to specific conditions that likely include safety, environmental, and operational standards.
The Act imposes various obligations and requirements on the permit holder, CRUISE WHITSUNDAYS PTY LTD. These obligations encompass compliance with all conditions set forth in the permit, ensuring the installation operates safely and without causing harm to the marine environment. The company must maintain the installation in a state of good repair, regularly inspect it to ensure it meets safety and operational standards, and adhere to any additional requirements specified by the Great Barrier Reef Marine Park Authority or other relevant authorities. The permit conditions may also include provisions related to environmental monitoring, reporting, and adherence to local regulations governing marine activities.
Breach of the conditions specified in the permit can result in significant legal consequences. Under the Sea Installations Act 1987, failure to comply with the terms of the permit can lead to enforcement actions by the Great Barrier Reef Marine Park Authority or other regulatory bodies. Civil penalties may be imposed for non-compliance, including fines that can be substantial depending on the severity and nature of the breach. In more serious cases, criminal charges may be brought against individuals or the company, leading to court proceedings and potential imprisonment. The exact penalties are not specified in the notice but are detailed in the Act, which provides a framework for determining the appropriate sanctions for violations.