Particulars of Permissions Granted, Refused, Suspended, Reinstated, Revoked or Reconsidered on 2 June 2017 and not Previously Published

Overview

The Great Barrier Reef Marine Park Act 1975 was enacted to establish the Great Barrier Reef Marine Park and to provide for its management, protection, and conservation. This Act was introduced to address the need for a comprehensive framework to manage human activities within the Great Barrier Reef Marine Park, ensuring the preservation of its ecological, aesthetic, and cultural values. The Act was enacted by the Commonwealth Parliament and its policy objective is to protect and conserve the natural, cultural, and recreational values of the Great Barrier Reef while allowing for sustainable use. The legislative framework includes provisions for the issuance of permits and the regulation of activities within the park, aiming to balance conservation with economic and social interests. The Act empowers the Great Barrier Reef Marine Park Authority to grant, refuse, suspend, reinstate, or revoke permits, ensuring that activities within the park are conducted in a manner that minimises harm to the environment and its resources.

Scope and Application

The Great Barrier Reef Marine Park Act 1975 applies to any person or entity engaging in activities within the Great Barrier Reef Marine Park, which encompasses a vast area of marine and terrestrial environments in Queensland, Australia. This Act specifically regulates the conduct and transactions of individuals and organisations aiming to conduct activities such as fishing, tourism, research, or any form of development within the park boundaries. The jurisdictional reach of the Act extends to the Commonwealth level, with enforcement and regulatory oversight provided by the Great Barrier Reef Marine Park Authority. This Act excludes certain activities that fall under other federal or state legislation but requires compliance with its stipulations for those activities that do impact the marine park. The Act can extend or restrict its application through subordinate instruments, such as the Great Barrier Reef Marine Park Regulations, which provide further details on specific activities, permit requirements, and enforcement measures.

Key Provisions

The Great Barrier Reef Marine Park Act 1975, as referenced in C2017G00795, outlines specific decisions related to permits for activities within the Great Barrier Reef Marine Park. According to the document, these decisions, dated 2 June 2017, were made by a delegate of the Great Barrier Reef Marine Park Authority, in accordance with Subregulation 183(1) of the Great Barrier Reef Marine Park Regulations. These decisions include the granting, refusal, suspension, reinstatement, revocation, or reconsideration of permits. For example, the document mentions that a permit application by the State of Queensland, acting through the Department of Agriculture and Fisheries, was reconsidered on 2 June 2017, and the original decision to grant the permit was affirmed. The permit in question allows for a program to take animals that pose a threat to human life or safety, categorised as a Conduct of a Research Program (section 4(1)(b)). The Act imposes certain obligations on parties or entities that are subject to its provisions. For example, permit applicants must ensure that their activities comply with the relevant Acts, Regulations, and Zoning Plans. The Authority reviews applications to ensure that the proposed activities do not harm the marine park or its biodiversity. Additionally, parties must provide detailed information about their proposed activities to allow the Authority to assess the potential environmental impact. This includes demonstrating how the proposed activities will be conducted in a manner that minimises harm to the marine ecosystem. Failure to comply with the provisions of the Great Barrier Reef Marine Park Act 1975 can result in various penalties and consequences. For example, unauthorised activities within the Marine Park can lead to criminal charges, including fines and imprisonment. The maximum penalties for offences under the Act are set out in the legislation and can vary depending on the severity of the offence. In addition to criminal penalties, parties may also face civil actions for damages caused by their activities. The Authority has the power to revoke permits and impose additional administrative penalties, such as fines, to enforce compliance with the Act.