Great Barrier Reef Marine Park Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 255
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier Reef Marine Park Act 1975.
Dated 7 December 2011
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
TONY BURKE
Minister for Sustainability, Environment, Water, Population and Communities
1              Name of Regulations
                These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2011 (No. 1).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Great Barrier Reef Marine Park Regulations 1983
                Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulation 3 (1), definition of authority
substitute
authority:
                (a)    for regulation 47 — has the meaning given by the Queensland fisheries legislation; and
               (b)    elsewhere in these regulations — means an authority given under regulation 88ZF.
[2]           Subregulation 3 (1), after the definition of Queensland fisheries legislation
insert
SMA is an acronym of Special Management Area.
[3]           Regulation 26
substitute
26            Netting
         (1)   For the definition of netting in the Zoning Plan, the following limitations are prescribed:
                (a)    set mesh nets used in offshore waters in an area described in Parts 1 to 5 of Table 47.2 in subregulation 47 (4) must be used only as permitted by that subregulation;
               (b)    subject to subregulation (2), the provisions of the Fisheries Regulation must be complied with if those provisions:
                          (i)    apply in the Marine Park; and
                         (ii)    relate to the use of nets in commercial net fisheries;
                (c)    subject to subregulation (2), netting must not be carried out in an area described in Table 47.3 in subregulation 47 (5);
               (d)    subject to paragraphs (e) and (f) and subregulation (2), only the following kinds of nets may be used in an area described in Table 47.4 in subregulation 47 (9):
                          (i)    set mesh nets;
                         (ii)    mesh nets;
                (e)    set mesh nets used in the area described in Table 47.4 in subregulation 47 (9) must be used only as permitted by subregulation 47 (7);
                (f)    mesh nets used in the area described in Table 47.4 in subregulation 47 (9) must be used only as permitted by that subregulation.
         (2)   Paragraph (1) (b), (c) or (d) does not apply to bait netting, or to section 475 or Part 5 of Chapter 9 of the Fisheries Regulation to the extent that those provisions relate to bait netting.
Note   See regulation 13 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.
         (3)   In subregulation (1):
mesh net has the meaning given by the Fisheries Regulation.
offshore waters has the meaning given by the Fisheries Regulation.
set mesh net has the meaning given by the Fisheries Regulation.
[4]           Subregulation 47 (1), before the definition of commercial fisher
insert
bait netting has the meaning given by the Zoning Plan.
[5]           Subregulation 47 (1), after the definition of commercial fisher
insert
fix, a net, has the meaning given by the Fisheries Regulation.
haul, for a net, has the meaning given by the Fisheries Regulation.
lead core rope means rope which, during manufacture, incorporates lead along the full length of the rope.
mesh net has the meaning given by the Fisheries Regulation.
mesh size, of a net, has the meaning given by the Fisheries Regulation.
netting has the meaning given by the Zoning Plan.
[6]           Subregulation 47 (2)
substitute
Special Management Provision — Species Conservation (Dugong Protection) SMA
      (2A)   For subsection 4.2.3 (2) of the Zoning Plan and subject to subregulations (4), (5), (7) and (9), subregulation (2) specifies the special management provisions that apply to a Species Conservation (Dugong Protection) SMA.
         (2)   Netting or bait netting in an SMA mentioned in column 2 of an item in Table 47.1 in subregulation (3) must be carried out by commercial fishers in accordance with the provisions of Chapter 2 of the Fisheries Regulation specified, for the item, in column 3 of that table.
[7]           Subregulation 47 (4), except Table 47.2
substitute
Conditions of set mesh net use in offshore waters — Table 47.2 area
         (4)   A set mesh net must not be used in offshore waters in an area described in Parts 1 to 5 of Table 47.2 unless the net:
                (a)    is not longer than 50 m; and
               (b)    is used in accordance with section 121 of the Fisheries Regulation.
Note   See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (4).
[8]           Subregulation 47 (4), after Table 47.2
insert
No netting (other than bait netting)  — Table 47.3 area
         (5)   No netting other than bait netting may be carried out in the area described in Table 47.3.
Note 1   For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3 (g) of the Zoning Plan.
Note 2   See regulation 13 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.
Note 3   See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (5).
Table 47.3    No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of 19° 23.282¢ S and 147° 15.684¢ E then running progressively:
1
east along the parallel to its intersection with longitude 147° 23.581¢ E;

2
south along the meridian to its intersection with latitude 19° 23.985¢ S;

3
west along the parallel to its intersection with longitude 147° 15.684¢ E;

4
north along the meridian to the point of commencement

Conditions of set mesh net use — Table 47.4 area
         (6)   Subregulation (7) applies to a mesh net that is being used as a set mesh net.
Note   The definition of mesh net in the Fisheries Regulation includes several examples of ways a mesh net can be used, including using a mesh net as a set mesh net.
         (7)   A set mesh net must not be used in an area described in Table 47.4 in subregulation (9) unless:
                (a)    the set mesh net is:
                          (i)    weighed down along the full length of the bottom of the net with only continuous lead core rope that has a diameter that is not less than 6 mm but not more than 8 mm; and
                         (ii)    used in accordance with paragraphs 120A (c), (d), (e) and (f) of the Fisheries Regulation; and
               (b)    under each authority that allows netting in the area— the number of set mesh nets being used in the area is not more than 3; and
                (c)    each set mesh net is not longer than 120 m; and
               (d)    the mesh size of each set mesh net is not less than 100 mm but not more than 215 mm; and
                (e)    if a set mesh net has a mesh size that is not less than 150 mm but not greater than 215 mm — the number of rows of mesh between the top and bottom of the net is not more than 16.
Note   For the definition of authority that applies to regulation 47, see paragraph (a) of the definition of that term in subregulation 3 (1).
Note   See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (7).
Conditions of mesh net use — Table 47.4 area
         (8)   Paragraphs (9) (a), (b), (c), (d) and (e) do not apply to a set mesh net used in accordance with subregulation (7).
Note   The definition of mesh net in the Fisheries Regulation includes several examples of ways a mesh net can be used, including using a mesh net as a set mesh net.
         (9)   A mesh net must not be used in an area described in Table 47.4 unless the mesh net:
                (a)    is fixed or hauled; and
               (b)    is not longer than 120 m; and
                (c)    has a mesh size that is not less than 50 mm but not more than 115 mm; and
               (d)    is weighed down along the full length of the bottom of the net with only continuous lead core rope that has a diameter that is not less than 6 mm but not more than 8 mm; and
                (e)    is used in accordance with subregulation 472 (7) of the Fisheries Regulation.
Note   See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (9).
Table 47.4    Restricted netting area within Bowling Green Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of 19° 23.985¢ S and 147° 15.684¢ E then running progressively:
1
east along the parallel to its intersection with longitude 147° 23.581¢ E;

2
south along the meridian to its intersection with the mainland coastline at mean low water (at or about 19° 25.119¢ S, 147° 23.581¢ E);

3
along the mainland coastline at mean low water to its intersection with the meridian 147° 15.684¢ E (at or about 19° 25.673¢ S, 147° 15.684¢ E);

4
north along the meridian to the point of commencement

 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.