EXPLANATORY STATEMENT

ISSUED BY AUTHORITY OF THE GREAT BARRIER REEF MARINE PARK AUTHORITY

Great Barrier Reef Marine Park Act 1975

Whitsundays Plan of Management Amendment 2008 (No.1)

Subsection 39W of the Great Barrier Reef Marine Park Act 1975 (the Act) provides that the Great Barrier Reef Marine Park Authority (the Authority) may, in writing, prepare plans of management for the Great Barrier Reef Marine Park (the Marine Park) in accordance with this Part (Part VB of the Act).

Subsection 39ZG(1) of the Act provides that the Authority may, in writing, prepare an amendment of a plan of management for the Marine Park in accordance with this section.

The Whitsundays is well known for its spectacular island scenery, fringing and offshore reefs. The reefs and islands support a range of wildlife including threatened species such as humpback whales, dugong, loggerhead turtles and beach stone-curlew. The Whitsundays Plan of Management 1998 (the Principal Plan) came into effect on 22 June 1998 to protect and conserve the values of the Whitsundays Area while allowing a range of use opportunities. The Principal Plan was amended in 1999, 2002 and 2005.

The purpose of the Whitsundays Plan of Management Amendment 2008 (No.1) is to amend the Principal Plan by:

• providing for larger vessels to access Hardy Reef (Attachment A);
• providing for two-way conversion between bareboat permissions and crewed vessel permissions (Attachment B);
• providing a designated water sports area (Attachment C);
• expanding the boundary of the Manta Ray Bay no anchoring area (Attachment D);
• exempting children under the age of four from group size limits (Attachment E);
• rewriting Part 1 to update or remove out-of-date information and improve readability (Attachment F);
• implementing the outcomes of site planning for Setting 5 areas (Attachment G);
• making minor technical and grammatical amendments (Attachment H).

Pursuant to subsections 39ZG(2) and (3) and section 39ZE of the Act, once the Authority has prepared an amendment to a plan of management, it must cause public notice to be given regarding the amendments and invite interested persons to make written submissions to the Authority in connection with the proposed amendments.  The time period for interested persons to make written submissions cannot be less than one month.

The amendments to the Principal Plan were advertised in the Gazette, and notices were placed in both State and Local newspapers.  In addition, information was made available to interested persons on the Authority’s Internet site, and all permittees and interested persons were sent information informing them of the proposed amendments to the Principal Plan.

Details of the amendment are set out in Attachment I.

The Whitsundays Plan of Management Amendment 2008 (No.1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Sections 1, 2 and 3 of the Whitsundays Plan of Management Amendment 2008 (No.1) commence on the day after it is registered on the Federal Register of Legislative Instruments.  Schedules 1 and 2 of the Whitsundays Plan of Management Amendment 2008 (No.1) commence on the day that regulations declare that the enforcement provisions in Schedule 2 of the Whitsundays Plan of Management Amendment 2008 (No.1) take effect. 

The Whitsundays Plan of Management Amendment 2008 (No.1) will be registered on the Federal Register of Legislative Instruments once the amendment to the regulations required to give effect to the enforcement provisions has been prepared.  This will ensure that the separate parts of the Whitsundays Plan of Management 2008 (No.1) will commence at the same time.

Attachment A

Providing access to Hardy Reef for larger vessels

The Principal Plan assigns each reef, bay and coastal area to a ‘setting’ ranging from intensively used settings (Setting 1) to protected settings (Setting 5).

The Principal Plan prescribes a maximum vessel length of 35 metres in High Use (Setting 2) areas, which includes Hardy Reef.  The Great Barrier Reef Marine Park Authority (the Authority) was asked to consider allowing longer vessels to visit Hardy Reef.

The Plan has been amended to allow vessels up to 70 metres in length to access the Setting 2 area at Hardy Reef if operating to a pontoon or mooring.

Attachment B

Two-way conversion between bareboat permissions and crewed vessel permissions

The Principal Plan provided for conversion of a bareboat permission to a crewed vessel permission (regional tour operation) that has 365-day access to the Planning Area.  To maintain sustainable opportunities for both bareboat and crewed vessels, the Authority has worked with bareboat operators and crewed vessel operators to develop the “Managing Bareboat Operations in the Great Barrier Reef Marine Park” Policy, approved by the Marine Park Authority in July 2006.  The Policy provides that the number of bareboats may be increased by up to 10, provided that there is an equal reduction in the number of crewed vessels (regional tour operations) and vice versa.  The amendment to the Plan was required to allow the conversions as described in the Policy.  A copy of the Policy can be obtained by accessing the Authority website (www.gbrmpa.gov.au) or by calling (07) 4750 0700.

Attachment C

Designated water sports area

The Principal Plan limits water sports and the use of high-speed vessels to Setting 1 areas, or areas outside a setting.  Concerns have been raised that there is insufficient area available for the safe conduct of water sports in the Planning Area.

To address these concerns, the Plan has been amended to include a designated water sports area that provides for water sports and the use of high-speed vessels.  The boundary of the designated water sports area has been configured to provide sufficient room for a range of activities, minimise conflict with other vessel traffic and maximise ease of compliance.

Attachment D

Manta Ray Bay No Anchoring Area

There are ‘No Anchoring Areas’ located throughout the Whitsundays, designed to protect coral from anchor damage.  Generally, ‘No Anchoring Areas’ are buoyed with Reef Protection Markers to assist compliance.  The water in Manta Ray Bay is too deep to buoy the ‘No Anchoring Area’.  To make compliance easier and to protect coral that extends beyond the ‘No Anchoring Area’ as provided by the Principal Plan, the ‘No Anchoring Area’ has been amended to move the northern boundary of the ‘No Anchoring Area’ to be parallel with the adjacent headland, commonly referred to as the ‘Woodpile’.

Attachment E

Exempting children under the age of four from group size limits

The Principal Plan established group size limits throughout the Planning Area, which include all people on board a vessel, including crew.  Children under the age of four are not subject to the Authority’s Environmental Management Charge, which tourism operators are required to collect on behalf of the Authority.  At the request of the Tourism Industry, the Plan has been amended to exclude children under the age of four from group size limits to simplify administration.

Attachment F

Part 1 of the Plan outlines the values, issues and management strategies for the Planning Area.  Part 1 has been rewritten to better explain the intent of the Plan.  Out-of-date information has been updated, or where no longer relevant, removed.  The changes to Part 1 of the Plan do not alter the original intent and do not affect the enforcement provisions, which are contained in Part 2 of the Plan.

Attachment G

Implementation of Site Planning for Setting 5 Areas

The Plan assigns each reef, bay and coastal area to a ‘setting’, ranging from intensively used settings (Setting 1) to protected settings (Setting 5).  Setting 5 areas are located at Cow and Calf Islands; Deloraine Island; Double Bay (East); Eshelby Islands; Haslewood and Lupton Islands; and Hill Inlet (including the northern end of Whitehaven Beach).

The Principal Plan prescribed the following limits for each setting:

Recreational users are able to access Setting 5 areas.  Only a limited number of tourism operations that have relevant endorsements on their permits are able to operate in Setting 5 areas. 

Site plans for Setting 5 areas have been developed in accordance with the Principal Plan, (see GBRMPA website www.gbrmpa.gov.au for site plans) and the following amendments to the Principal Plan have been made to implement the recommendations of the Setting 5 site plans:

• No additional commercial tourism permits will be issued for Setting 5 areas (NB: those operators who currently have a permission allowing them to operate in a Setting 5 area can continue to do so)
• A maximum vessel length of 20 metres is allowed in Setting 5 areas
• A maximum group size of 15 people is allowed in Setting 5 areas
• Cultural tours run by, or in collaboration with Traditional Owners may access Setting 5 areas.

Attachment H

Minor technical and grammatical amendments

A number of minor technical and grammatical amendments have been made to the Principal Plan. These do not alter the existing intent of the Plan.

1. Enforcement provisions from Part 2 of the Plan relating to whales have been removed from the Plan.  Because protection of w hales is not confined to the Planning Area these provisions have been relocated into the Great Barrier Reef Marine Park Regulations 1983.
2. Clause 2.19 prevents the Authority from granting a permit that is inconsistent with the Plan.  Provisions relating to the Authority’s ability to grant and convert permits are not enforcement provisions and are better placed in Part 1 of the Plan.
3. References to ‘traditional inhabitant’ and ‘traditional affiliation’ have been changed to ‘traditional owner’ and ‘traditional owner group’ to be consistent with the Great Barrier Reef Marine Park Zoning Plan 2003.
4. The datum of all geographic co-ordinates has been updated from AGD66 to GDA94 to comply with Australian Government requirements and geographic boundaries have been updated to account for improved spatial data.  Where this has caused a significant change to a boundary, the description of that boundary has been adjusted to maintain the original intent.
5. The map of the Planning Area has been updated and moved to the Schedule of the Plan.
6. Some definitions are contained in the Plan as well as other legislative instruments eg. The Great Barrier Reef Marine Park Act 1975. These definitions have been amended in the Plan to refer directly to the definition in the parent instrument to ensure consistency across the Marine Park.
7. Definitions in Schedule 9 of the Plan have been updated to complement the rewriting of Part 1 of the Plan and the datum conversion.

Attachment I

Details of the amendments are as follows:

Clause 1 provides that the name of the amendment is the Whitsundays Plan of Management Amendment 2008 (No.1).

Clause 2 provides that:

• Sections 1, 2 and 3 of the amendment commence on the day after it is registered on the Federal Register of Legislative Instruments
• Schedules 1 and 2 to this amendment commence on the day that the regulations declare that the enforcement provisions in Schedule 2 take effect.

Clause 3 provides that Schedules 1 and 2 amend the Whitsundays Plan of

Management 1998 (the Principal Plan). 

Schedule 1 – Amendments commencing upon the commencement of Schedule 2 to the Plan of Management amendment

Item 1 is of a technical nature only.  This item substitutes the Foreword of the Principal Plan to improve consistency with other Plans and to link review of the Plan to the preparation of an Outlook Report, which the Authority is now required to prepare on a 5-yearly basis. 

Item 2 is of a technical nature only.  This item substitutes Part 1 of the Principal Plan to better clarify the intent of the Plan, and update or remove out-of-date information.

Item 3 is of a technical nature only.  This item removes the definition of 1 nautical mile line from the Principal Plan as this term is no longer used in the Plan, and substitutes the definitions of 100 metre line, 500 metre line and 
1 500 metre line in the Principal Plan to make them consistent with the same definitions in other Plans of Management prepared  by the Authority under Part VB of the Act.   

Item 4 is of a technical nature only.  This item substitutes the definition of aircraft in the Principal Plan to improve consistency with the same definition in other Plans of Management prepared by the Authority under Part VB of the Act.

Item 5 is of a technical nature only.  This item substitutes the definition of Authority in the Principal Plan to improve consistency with the same definition in other Plans of Management prepared by the Authority under Part VB of the Act and to conform to contemporary drafting style.

Item 6 is of a technical nature only.  This item substitutes the definition of bareboat in the Principal Plan to refer to the definition of bareboat in the Great Barrier Reef Marine Park Regulations 1983.

Item 7 is of a technical nature only.  This item substitutes the definition of bareboat operation in the Principal Plan to refer to the definition of bareboat operation in the Great Barrier Reef Marine Park Regulations 1983 and substitutes the definition of Bowen operation in the Principal Plan to complement the updated information regarding Bowen operations in Part 1 of the Plan.  The updating of Part 1 is described at Attachment F to this Explanatory Statement. 

Item 8 is of a technical nature only.  This item substitutes the definitions of coastal 100 metre line, coastal 500 metre line, coastal 1 000 metre line and coastal 1 500 metre line in the Principal Plan to make them consistent with the same definitions in other Plans and provides a definition of coastal line as used in other Plans prepared by the Authority under Part VB of the Act. 
 

Item 9 is of a technical nature only. This item omits the definition of commencing day from the Principal Plan, as this term is no longer used in the Plan and a definition is not, therefore, required.

Item 10 is of a technical nature only.  This item substitutes the definition of craftless operation in the Principal Plan to complement the updated information regarding craftless operations in Part 1 of the Plan.  The updating of Part 1 of the Plan is  described at Attachment F to this Explanatory Statement.

Item 11 is of a technical nature only.  This item substitutes the definition of:

• cruise ship anchorage in the Principal Plan to refer to the definition of cruise ship anchorage in the Great Barrier Reef Marine Park Regulations 1983
• cruise ship operation in the Principal Plan to complement the updated information regarding cruise ship operations in Part 1 of the Plan.  The updating of Part 1 is  described at Attachment F to this Explanatory Statement.

Item 12 is of a technical nature only.  This item inserts a definition for the designated water sports area described at Attachment C to this Explanatory Statement.  This item also inserts a definition for discharge, referring to the definition of discharge in the Great Barrier Reef Marine Park Act 1975.

Item 13 is of a technical nature only.  This item omits the definitions of endorsement and existing permission from the Principal Plan as these terms are no longer used in the Plan and definitions are not, therefore, required.

Item 14 is of a technical nature only.  This item omits “Table 1” from the definition of group size setting limits in the Principal Plan and replaces it with “Table 2” to reflect the renumbering of these tables in Part 1 of the Plan.

Item 15 is of a technical nature only.  This item substitutes the definition of hire craft in the Principal Plan to conform to contemporary drafting style.

Item 16 is of a technical nature only.  This item substitutes the definition of hire operation in the Principal Plan to complement updated information regarding hire operations in Part 1 of the Plan.  The updating of Part 1 is described at Attachment F to this Explanatory Statement.

Item 17 is of a technical nature only.  This item substitutes the definition of large vessel in the Principal Plan to conform to contemporary drafting style.

Item 18 is of a technical nature only.  This item substitutes the definition of long range roving operation in the Principal Plan to complement updated information regarding long range roving operations in Part 1 of the Plan.  The updating of Part 1 is  described at Attachment F to this Explanatory Statement.

Item 19 is of a technical nature only.  This item:

• omits the definition of Manta Ray Bay No Anchoring Area from the Principal Plan as this term does not occur in the Plan and a definition is not, therefore, required.

• substitutes the definition of Marine Park in the Principal Plan to refer to the definition of Marine Park in the Great Barrier Reef Marine Park Regulations 1983
• provides a definition of mooring consistent with the way it is defined in other Plans of Management prepared by the Authority under Part VB of Act.
• substitutes the definition of motorised water sport in the Principal Plan to refer to the definition of motorised water sport in the Great Barrier Reef Marine Park Regulations 1983.

Item 20 is of a technical nature only.  This item substitutes the definition of new permission in the Principal Plan to conform to contemporary drafting style.

Item 21 is of a technical nature only.  This item:

• omits the definition of non-conforming operation from the Principal Plan as this term is no longer used in the Plan and a definition is not, therefore, required

• substitutes the definition of non-motorised operation in the Principal Plan to complement updated information regarding non-motorised operations in Part 1 of the Plan.  The updating of Part 1 is described at Attachment F to this Explanatory Statement.

Item 22 is of a technical nature only.  This item substitutes the definition of overall length in the Principal Plan to refer to the definition of overall length in the Act.

Item 23 is of a technical nature only.  This item substitutes the definition of passenger transport operation in the Principal Plan to complement updated information regarding passenger transport operations in Part 1 of the Plan.  The updating of Part 1 is described at Attachment F to this Explanatory Statement.

Item 24 is of a technical nature only.  This item substitutes the definition of personal watercraft in the Principal Plan to refer to the definition of personal watercraft in the Great Barrier Reef Marine Park Regulations 1983.

Item 25 is of a technical nature only.  This item:

• omits the definition of pilot from the Principal Plan as this term is no longer used in the Plan and a definition is not, therefore, required
• updates the definition of Planning Area in the Principal Plan to correctly refer to the Whitsunday Planning Area as opposed to the Whitsundays (plural) Planning Area.

Item 26 is of a technical nature only.  This item substitutes the definition of regional tour operation in the Principal Plan to complement updated information regarding regional tour operations in Part 1 of the Plan, described at Attachment F to this Explanatory Statement.

Item 27 is of a technical nature only.  This item substitutes the definition of restriction period for significant bird sites in the Principal Plan to conform to contemporary drafting style.

Item 28 is of a technical nature only.  This item substitutes the definition of ship to be consistent with the definition of ship in other Plans of Management prepared by the Authority under Part VB of the Act.

Item 29 is of technical nature only.  This item substitutes the definitions of significant bird site and standard tour operation in the Principal Plan to complement the updated information regarding significant bird sites and standard tour operations in Part 1 of the Plan.  The updating of Part 1 is described at Attachment F to this Explanatory Statement.

Item 30 is of a technical nature only.  This item substitutes the definition of support service operation in the Principal Plan to complement the updated information regarding support service operations in Part 1 of the Plan.  The updating of Part 1 is  described at Attachment F to this Explanatory Statement.

Item 31 is of a technical nature only.  This item omits the definition of swimming-with-whales activity from the Principal Plan as this term is no longer used in the Plan and a definition is not, therefore, required.

Item 32 is of a technical nature only.  This item substitutes the definition of tourist program from the Principal Plan to more accurately reflect how the definition of tourist program in the Great Barrier Reef Marine Park Act 1975 applies to the Plan.

Item 33 is of a technical nature only.  This item omits the definitions of traditional affiliation and traditional inhabitant from the Principal Plan as these terms are no longer used in the Plan and a definition is not, therefore, required.  These terms have been replaced by the terms traditional owner and traditional owner group and this item includes definitions for these terms that refer to the definitions for traditional owner and traditional owner group in the Great Barrier Reef Marine Park Zoning Plan 2003.

Item 34 is of a technical nature only.  This item substitutes the definition of vessel in the Principal Plan to conform to contemporary drafting style.

Item 35 is of a technical nature only.  This item:

• omits the definitions of Whale Protection Area and whale watching activity from the Principal Plan as these terms are no longer used in the Plan and definitions are not, therefore, required
• provides a definition of Whitsunday Planning Area, which is used in the Principal Plan but not adequately defined
• provides a definition of year as defined in other Plans prepared by the Authority under Part VB of the Act.

Schedule 2 – Amendments commencing on a day declared by regulations

Item 1 substitutes Clause 2.1 of the Principal Plan to exclude children under the age of four from group size limits as described at Attachment E to this Explanatory Statement.

Item 2 is of a technical nature only.  This item omits Clause 2.2 of the Principal Plan, which provides that for Part 2 of the Plan, a reference to ‘the length of a vessel is its overall length’.  This is no longer required as all references to vessel length in the Plan have been changed to ‘overall length’ and ‘overall length’ is now defined in Schedule 9 of the Plan.

Item 3 is of a technical nature only.  This item substitutes the note of subclause 2.3(1) of the Principal Plan to add ‘ …or for the purposes of management’ to more accurately reflect the provision of Part 5 of the Zoning Plan.

Item 4 is of a technical nature only.  This item relocates the previous subclause 2.19 of the Principal Plan to subclause 2.3A.

Item 5 substitutes the Clause 2.4 of the Principal Plan to make provision for vessels up to 70 metres in overall length to access Hardy Reef if operating to a mooring or pontoon, as described at Attachment A to this Explanatory Statement.

Item 6 is of a technical nature only.  This item simplifies Subclauses 2.5(3) and (4) of the Principal Plan to conform to contemporary drafting standard.

Item 7 is of a technical nature only.  This item omits Clause 2.6 from the Principal Plan, as Clause 2.6 deals with permissions that have now expired and is, therefore, no longer required.

Item 8 substitutes Subclause 2.8(1) of the Principal Plan to provide that high-speed vessels may be used in the designated water sports area described at Attachment C to this Explanatory Statement.

Item 9 is of a technical nature only.  This item omits Clause 2.10 from the Principal Plan as Clause 2.10 deals with protection of whales, which is now addressed in the Great Barrier Reef Marine Park Regulations 1983.  Clause 2.10 is, therefore, no longer required.

Item 10 is of a technical nature only.  This item substitutes the note at Subclause 2.11(1) of the Principal Plan to refer the reader to the new location for significant bird sites at Schedule 6 of the Plan.

Item 11 substitutes Subclause 2.15(2) of the Principal Plan to provide that motorised water sports may be undertaken in the designated water sports area described at Attachment C to this Explanatory Statement.

Item 12 is of a technical nature only.  This item omits Division 5 of Part 2 of the Principal Plan, as   the provisions of Division 5 did not constitute enforcement provisions.The information in Division 5 has been relocated to Part 1 of the Plan where it is more properly placed as part of the updating of Part 1 as  described in Attachment F to this Explanatory Statement.

Item 13 is of a technical nature only.  This item relocates the map of the Planning Area in the Principal Plan to Part 2 of Schedule 1 to the Plan.

Item 14 is of a technical nature only.  This item updates the geographic description of the Planning Area in Schedule 1 and the Setting Areas in Schedule 2 to the Principal Plan to account for improvements in the available spatial data and converts the datum of the geographic co-ordinates to the Geocentric Datum of Australia 1994 (GDA94) to conform to Commonwealth standards.

Item 15 is of a technical nature only.  This item substitutes the heading of Schedule 3 to the Principal Plan to include updated cross-references to other parts of the Plan.

Item 16 substitutes Schedules 4 to 8 of the Principal Plan with the following:

• a geographic description of the designated water sports area described at Attachment C to this Explanatory Statement
• updates to the geographic description of no anchoring areas in Schedule 5 to the Principal Plan to account for an extension to the Manta Ray Bay no anchoring area and improvements in the available spatial data and converts the datum of the geographic co-ordinates to the Geocentric Datum of Australia 1994 (GDA94) to conform to Commonwealth standards
• the relocated list of significant bird sites with restriction periods previously located in Part 1 of the Principal Plan
• updates to the geographic description of regular aircraft landing areas in Schedule 7 to the Principal Plan to account for improvements in the available spatial data and converts the datum of the geographic co-ordinates to the Geocentric Datum of Australia 1994 (GDA94) to conform to Commonwealth standards
• updates to the geographic description of the Langford/Black Islands Area in Schedule 8 to the Principal Plan to account for improvements in the available spatial data and converts the datum of the geographic co-ordinates to the Geocentric Datum of Australia 1994 (GDA94) to conform to Commonwealth standards.