Great Barrier Reef Marine Park Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 304
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 12 November 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
PETER ROBERT GARRETT
Minister for the Environment, Heritage and the Arts
1 Name of Regulations
These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2009 (No. 1).
2 Commencement
These Regulations commence on the commencement of Schedule 6 to the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008.
3 Amendment of Great Barrier Reef Marine Park Regulations 1983
Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.
4 Transitional
(1) In this regulation:
amended regulations means the Great Barrier Reef Marine Park Regulations 1983 as amended by these Regulations.
commencement date means the date on which these Regulations commence.
modify, in relation to a condition, includes vary, add, omit and substitute.
new permission means a permission to which Part 2A of the amended regulations applies.
old permission means any of the following permissions:
(a) a permission under regulation 53 of the old regulations;
(b) a permission under regulation 73B of the old regulations;
(c) a permission under regulation 73BA of the old regulations;
(d) a permission under Division 2.3 of the old regulations;
(e) a permission under regulation 93 of the old regulations;
(f) a permission under regulation 99 of the old regulations.
old regulations means the Great Barrier Reef Marine Park Regulations 1983 as in force immediately before the commencement date.
TUMRA is an acronym for traditional use of marine resources agreement.
(2) The old regulations continue to apply to an application for an old permission if:
(a) the application was made before the commencement date; and
(b) the application was not withdrawn before that date; and
(c) the old permission was neither granted nor refused before that date.
(3) The old regulations continue to apply to an application for accreditation of a TUMRA if:
(a) the application was made before the commencement date; and
(b) the application was not withdrawn before that date; and
(c) the TUMRA was neither accredited nor refused accreditation before that date.
(4) The old regulations continue to apply to an expression of interest under Division 2.5 of the old regulations if:
(a) before the commencement date, the Authority published a notice under subregulation 88C (1) of the old regulations inviting expressions of interest; and
(b) the expression of interest was lodged (whether before or after the commencement date) in response to the advertisement; and
(c) the expression of interest complied with regulation 88D of the old regulations; and
(d) the procedures in Division 2.5 of the old regulations in relation to the expression of interest had not been finalised before the commencement date.
(5) An old permission that was in force under the old regulations (including an old permission that was granted under the old regulations after the commencement date in accordance with subregulation (2)) continues in force after the commencement date as if it were a new permission granted under the amended regulations, but the new permission:
(a) ceases to be in force when it would have ceased to be in force under the old regulations; and
(b) remains subject to the same conditions to which it was subject under the old regulations; and
(c) if the old permission was suspended at the commencement date — remains suspended for the period of suspension remaining at the commencement date; and
(d) may be suspended, revoked or transferred, or its conditions modified, as provided for under the amended regulations.
(6) An authority given under an old permission mentioned in subregulation (5) has effect, after the commencement date, as if it had been given under the old permission as continued in force under subregulation (5).
(7) An authorisation attached to an old permission mentioned in subregulation (5) is, after the commencement date, attached to the old permission as continued in force under subregulation (5).
(8) An accreditation of a TUMRA that was in force under the old regulations (including an accreditation that was granted under the old regulations after the commencement date in accordance with subregulation (3)) continues in force after the commencement date as if it were a new accreditation under the amended regulations, but the accreditation:
(a) ceases to be in force when it would have ceased to be in force under the old regulations; and
(b) remains subject to the same conditions to which it was subject under the old regulations; and
(c) if the accreditation was suspended at the commencement date — remains suspended for the period of suspension remaining at the commencement date; and
(d) may be suspended, revoked or terminated, or its conditions of accreditation modified, as provided for under the amended regulations.
(9) An authority given under an accredited TUMRA mentioned in subregulation (8) has effect, after the commencement date, as if it had been given under the accredited TUMRA as continued in force under subregulation (8).
(10) Despite the amendment made by item [45] of Schedule 1, regulation 70 of the old regulations continues to apply after the commencement date to a permission mentioned in that regulation as if the amendment had not been made.
(11) An order that was in force under regulation 94 of the old regulations immediately before the commencement date continues in force after that date as if it had been made under regulation 94 of the amended regulations.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 3
omit
In these Regulations
insert
(1) In these Regulations
[2] Regulation 3, definition of application
omit
relevant
[3] Regulation 3, after definition of bareboat operation
insert
business day means a day that is not a Saturday, Sunday or public holiday in Queensland.
[4] Regulation 3, after definition of Cairns Planning Area
insert
Commonwealth island means an island that is:
(a) owned by the Commonwealth; and
(b) within the Marine Park.
[5] Regulation 3, definition of Division 2.5 permission
omit
[6] Regulation 3, definition of holders
substitute
modify, in relation to a condition, includes vary, add, omit and substitute.
[7] Regulation 3, after definition of motorised water sport
insert
permission means a permission to which Part 2A applies.
[8] Regulation 3, definition of permitted mooring
omit
relevant
[9] Regulation 3, definition of prescribed activity
omit
[10] Regulation 3, after definition of primary commercial fishing vessel
insert
Queensland fisheries legislation has the meaning given by regulation 30.
[11] Regulation 3, definition of relevant permission
substitute
special permission has the meaning given in subregulation 88G (1).
[12] Regulation 3, definition of special tourism permission
omit each mention of
relevant
[13] Regulation 3, note
omit
[14] Regulation 3
insert
(2) For the purposes of subsection 39ZC (1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 88 (1) (b) or (c).
[15] Subregulation 3A (1)
omit
at the commencement of this regulation
insert
on 18 December 2008
[16] Subregulation 3A (2)
omit
management plan made under the Fisheries Act 1994 of Queensland) is a reference to that law as in force on 1 July 2004
insert
fishery management plan made under paragraph 32 (1) (a) of the Fisheries Act 1994 of Queensland) is a reference to that law as in force from time to time
[17] Subregulation 3A (3)
substitute
(3) A reference in these Regulations to the Transport Operations (Marine Safety) Regulation 2004 of Queensland or the Transport Operations (Marine Pollution) Regulation 2008 of Queensland is a reference to that law as in force on 18 December 2008.
[18] Regulation 5
omit
[19] Regulation 6, definition of Fisheries Regulation
substitute
Fisheries Regulation means the Fisheries Regulation 2008 of Queensland.
[20] Regulation 6, definition of Spanner Crab Plan
omit
[21] Subregulation 8 (1)
omit
the law of Queensland
insert
Queensland fisheries legislation
[22] Regulations 9 to 12
omit
[23] Regulation 13
substitute
13 Bait netting
(1) For the definition of bait netting in the Zoning Plan, the nets specified in subregulation (2) are declared and the limitations on their use specified in subregulation (3) are prescribed.
(2) For subregulation (1), the following nets are specified:
(a) for recreational fishers — a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following sections of the Fisheries Regulation:
(i) for a cast net — section 182;
(ii) for a scoop net — section 183;
(iii) for a seine net — section 184;
(b) for commercial fishers — a seine, cast or mesh net that complies with the size, measurement and other physical requirements in the following sections of the Fisheries Regulation:
(i) for a seine net — section 475;
(ii) for a cast net — section 532;
(iii) for a mesh net — section 533.
(3) For subregulation (1), the following limitations are specified:
(a) in the case of a net referred to in paragraph (2) (a) — that the net is used by a recreational fisher in accordance with section 179 of the Fisheries Regulation;
(b) in the case of a net referred to in paragraph (2) (b) — that the net is used by a commercial fisher:
(i) for a net referred to in subparagraph (2) (b) (i) — in accordance with sections 179 and 181 and subsections 472 (6), 472 (7) and 475 (2) of the Fisheries Regulation; and
(ii) for a net referred to in subparagraph (2) (b) (ii) — in accordance with subsection 247 (5) of the Fisheries Regulation; and
(iii) for a net referred to in subparagraph (2) (b) (iii) — in accordance with sections 179 and 181, subsection 247 (5) and sections 530 and 533 of the Fisheries Regulation.
(4) In this regulation:
commercial fisher has the same meaning as in the Fisheries Regulation.
recreational fisher has the same meaning as in the Fisheries Regulation.
[24] Regulation 15, Table 15, Part 2, item 24
substitute
24
Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)
Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)
[25] Regulation 16
omit
Schedule 15 to
insert
Chapters 7 and 11 of
[26] Paragraph 16 (d)
substitute
(d) the Commercial Crayfish and Rocklobster Fishery;
[27] Paragraphs 16 (h), (i) and (j)
substitute
(h) the Beachworm Fishery;
(i) the Bloodworm Fishery;
(j) the Marine Yabby Fishery.
[28] Paragraph 21 (b)
omit
to which Part 5 of Schedule 3 to the Fisheries Regulation applies
insert
where spearfishing is prohibited under Queensland fisheries legislation
[29] Regulation 22
substitute
22 Limited trapping
(1) For the definition of limited trapping in the Zoning Plan, the following limitations are prescribed:
(a) that, subject to paragraphs (b), (c) and (d), Queensland fisheries legislation is complied with;
(b) that trapping must only be conducted for the purpose of taking crabs, and only crabs are taken;
(c) that only crab pots, collapsible traps and dillies are used;
(d) that no more than 4 crab pots, collapsible traps or dillies (alone or in combination) are used.
(2) In paragraph (1) (c):
crab pots, collapsible traps and dillies have the same respective meanings as in the Fisheries Regulation.
[30] Regulation 26
substitute
26 Netting
(1) For the definition of netting in the Zoning Plan, the limitation prescribed is that:
(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 only be used as permitted by that subregulation; and
(b) subject to subregulation (2), the provisions of the Fisheries Regulation that:
(i) apply in the Marine Park; and
(ii) relate to the use of nets in commercial net fisheries;
must be complied with.
(2) Paragraph (1) (b) 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.
(3) In subregulation (1), offshore waters has the same meaning as in the Fisheries Regulation.
[31] Paragraphs 29 (1) (a), (b) and (c)
substitute
(a) each species of cetacean;
(b) each species that is a listed marine species, a listed migratory species, a listed threatened ecological community or a listed threatened species (in each case within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);
(c) each species of marine mammal, bird or reptile that is prescribed as ‘endangered wildlife’, ‘near threatened wildlife’, ‘rare wildlife’ or ‘vulnerable wildlife’ under the Nature Conservation Act 1992 of Queensland as in force from time to time;
(d) each species that is at risk or in need of special protection and is mentioned or referred to in Table 29.
[32] After subregulation 29 (1)
insert
(1A) For the purposes of paragraph (d) of the definition of protected species in subsection 3 (1) of the Act, the following species are declared:
(a) each species mentioned or referred to in Table 29;
(b) each species of marine mammal, bird or reptile that is prescribed as ‘near threatened wildlife’ under the Nature Conservation Act 1992 of Queensland as in force from time to time.
[33] Regulation 29, Table 29, items 5 to 11
substitute
4A
Family Pristidae (all species)
Freshwater sawfish, green sawfish, dwarf sawfish, narrow sawfish
5
Epinephelus tukula
Potato rockcod
6
Epinephelus lanceolatus
Queensland groper
7
Cheilinus undulatus
Humphead Maori wrasse
8
Cromileptes altivelis
Barramundi cod
9
Rhincodon typus
Whale shark
10
Carcharias taurus
Greynurse shark
11
Carcharodon carcharias
White shark
11A
Glyphis glyphis
Speartooth shark
[34] Regulation 29, Table 29, item 15
omit
Family Dermochelydae (all species)
insert
Family Dermochelyidae
[35] Regulation 30
omit
are prescribed
insert
as in force from time to time are prescribed
[36] Paragraphs 30 (c), (d) and (e)
substitute
(c) a fishery management plan made under paragraph 32 (1) (a) of the Fisheries Act 1994 of Queensland, to the extent that the plan applies in the Marine Park.
[37] Regulation 34
substitute
34 Trapping
(1) For the definition of trapping in the Zoning Plan, the following limitations are prescribed:
(a) that trapping may only be conducted for the purpose of taking crabs, and only crabs are taken;
(b) that the take of crabs must be in accordance with the relevant provisions of Queensland fisheries legislation;
(c) that only crab pots, collapsible traps and dillies are used;
(d) that the apparatus used to trap crabs must be used in accordance with the relevant provisions of Queensland fisheries legislation.
(2) In paragraph (1) (c):
crab pots, collapsible traps and dillies have the same respective meanings as in the Fisheries Regulation.
[38] Regulation 35
omit
Fisheries (East Coast Trawl) Management Plan 1999 of Queensland is
insert
Fisheries Regulation and the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland are
[39] Regulation 47
substitute
47 Species Conservation (Dugong Protection) SMAs — special management provisions
(1) In this regulation:
commercial fisher has the same meaning as in the Fisheries Regulation.
offshore waters has the same meaning as in the Fisheries Regulation.
set mesh net has the same meaning as in the Fisheries Regulation.
(2) Subject to subregulation (4), the special management provision that applies to a Species Conservation (Dugong Protection) SMA is that netting and bait netting carried on by commercial fishers in an SMA mentioned in column 2 of an item in Table 47.1 in subregulation (3) must be carried on in accordance with the provisions of Chapter 2 of the Fisheries Regulation specified in column 3 for the item.
(3) For subregulation (2), the following table sets out the provisions of Chapter 2 of the Fisheries Regulation that are applicable to each SMA.
Table 47.1
Item
Species Conservation (Dugong Protection) SMA
Applicable provisions of Chapter 2
1
Hinchinbrook Island Area
Section 114
2
Lucinda to Allingham — Halifax Bay
Division 3 of Part 12
3
Cleveland Bay — Magnetic Island
Sections 116 and 116A
4
Bowling Green Bay
Division 3 of Part 12
5
Upstart Bay
Section 111
6
Edgecumbe Bay — Bowen
Division 3 of Part 12
7
Repulse Bay
Division 3 of Part 12
8
Stewart Peninsula — Newry Islands — Ball Bay
Sections 116 and 116A
9
Ball Bay — Sand Bay
Division 3 of Part 12
10
Llewellyn Bay
Division 3 of Part 12
11
Ince Bay (Cape Palmerston — Allom Point)
Sections 116 and 116A
12
Clairview Bluff — Carmilla Creek
Division 3 of Part 12
13
Shoalwater Bay
Section 110
14
Port Clinton (Reef Point — Cape Clinton)
Section 109
15
Port of Gladstone — Rodds Bay
Division 3 of Part 12
Note Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).
(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 no longer than 50 metres; and
(b) is used in accordance with section 120 of the Fisheries Regulation.
Table 47.2 Offshore Waters
Table 47.2, Part 1: Offshore waters within Edgecumbe Bay — Bowen Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 13.468¢ E (at or about 19° 57.873¢ S, 148° 13.468¢ E) then running progressively:
1
east along the parallel to 19° 57.873¢ S, 148° 13.900¢ E;
2
south-easterly along the geodesic to 19° 58.823¢ S, 148° 14.542¢ E;
3
easterly along the geodesic to 19° 58.871¢ S, 148° 15.159¢ E;
4
north-easterly along the geodesic to 19° 58.187¢ S, 148° 15.316¢ E;
5
south-easterly along the geodesic to 19° 58.962¢ S, 148° 16.333¢ E;
6
southerly along the geodesic to 19° 59.543¢ S, 148° 16.400¢ E;
7
south-westerly along the geodesic to 20° 0.354¢ S, 148° 16.194¢ E;
8
south-easterly along the geodesic to 20° 0.710¢ S, 148° 16.405¢ E;
9
west along the parallel to the intersection of the mainland coastline at mean low water and the meridian 148°16.090¢ E (at or about 20° 0.710¢ S, 148° 16.090¢ E);
10
generally north-westerly along the mainland coastline at mean low water to the point of commencement.
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Adelaide Point and the meridian 148° 16.683¢ E (at or about 20° 4.410¢ S, 148° 16.683¢ E) then running progressively:
1
east along the parallel to 20° 4.410¢ S, 148° 18.256¢ E;
2
south along the meridian to 20° 4.926¢ S, 148° 18.256¢ E;
3
south westerly along the geodesic to 20° 5.197¢ S, 148° 18.046¢ E;
4
west along the parallel to 20° 5.197¢ S, 148° 17.436¢ E;
5
north-westerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 148° 17.197¢ E (at or about 20° 4.818¢ S, 148° 17.197¢ E);
6
generally north-westerly along the mainland coastline at mean low water to the point of commencement.
The area bounded by a notional line circumferencing Poole Island, commencing at 20° 5.719¢ S, 148° 18.597¢ E then running progressively:
1
east along the parallel to 20° 5.719¢ S, 148° 18.913¢ E;
2
south-easterly along the geodesic to 20° 5.938¢ S, 148° 19.302¢ E;
3
south along the meridian to 20° 6.300¢ S, 148° 19.302¢ E;
4
south-westerly along the geodesic to 20° 6.548¢ S, 148° 19.103¢ E;
5
west along the parallel to 20° 6.548¢ S, 148° 18.283¢ E;
6
north along the meridian to 20° 6.023¢ S, 148° 18.283¢ E;
7
generally north-easterly along the geodesic to the point of commencement.
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 20° 8.359¢ S (at or about 20° 8.359¢ S, 148° 19.830¢ E) then running progressively:
1
north-west along the geodesic to 20° 8.069¢ S, 148° 19.717¢ E;
2
north-east along the geodesic to 20° 7.904¢ S, 148° 20.074¢ E;
3
south-east along the geodesic to 20° 8.307¢ S, 148° 20.660¢ E;
4
southerly along the geodesic to 20° 8.542¢ S, 148° 20.678¢ E;
5
south-westerly along the geodesic to the intersection of the mainland coastline and the meridian 148° 20.435¢ E (at or about 20° 9.080¢ S, 148° 20.435¢ E);
6
generally north-westerly along the mainland coastline at mean low water to the point of commencement.
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Cape Gloucester and the meridian 148° 27.198¢ E (at or about 20° 3.603¢ S, 148° 27.198¢ E) then running progressively:
1
north-easterly along the geodesic to 20° 3.391¢ S, 148° 27.303¢ E;
2
north-westerly along the geodesic to 20° 3.281¢ S, 148° 27.121¢ E;
3
south-westerly along the geodesic to 20° 3.520¢ S, 148° 26.095¢ E;
4
south along the meridian to 20° 5.482¢ S, 148° 26.095¢ E;
5
east along the parallel to the intersection of the mainland coastline and the meridian 148° 26.497¢ E (at or about 20° 5.482¢ S, 148° 26.497¢ E);
6
generally north-easterly along the mainland coastline at mean low water to the point of commencement.
Table 47.2, Part 2: Offshore waters within Repulse Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 49.500¢ E (at or about 20° 29.493¢ S, 148° 49.500¢ E) then running progressively:
1
west along the parallel to 20° 29.493¢ S, 148° 49.161¢ E;
2
south-westerly along the geodesic to 20° 29.672¢ S, 148° 49.021¢ E;
3
south-westerly along the geodesic to 20° 29.837¢ S, 148° 49.006¢ E;
4
south-easterly along the geodesic to 20° 29.991¢ S, 148° 49.091¢ E;
5
south-easterly along the geodesic to 20° 30.133¢ S, 148° 49.239¢ E;
6
easterly along the parallel to the intersection of the mainland coastline and the meridian 148° 49.775¢ E (at or about 20° 30.133¢ S, 148° 49.775¢ E);
7
generally north-westerly along the mainland coastline at mean low water to the point of commencement.
Table 47.2, Part 3: Offshore waters within Ball Bay — Sand Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at McBrides Point and the parallel 20° 53.622¢ S (at or about 20° 53.622¢ S, 148° 59.813¢ E) then running progressively:
1
north along the meridian to 20° 53.291¢ S, 148° 59.813¢ E;
2
south-easterly along the geodesic to 20° 53.342¢ S, 148° 59.967¢ E;
3
south-easterly along the geodesic to 20° 53.630¢ S, 149° 0.202¢ E;
4
southerly along the geodesic to 20° 53.944¢ S, 149° 0.186¢ E;
5
south-westerly along the geodesic to 20° 54.115¢ S, 149° 0.089¢ E;
6
south-easterly along the geodesic to 20° 54.495¢ S, 149° 0.439¢ E;
7
east along the parallel to 20° 54.495¢ S, 149° 0.969¢ E;
8
north-easterly along the geodesic to 20° 53.893¢ S, 149° 1.191¢ E;
9
north-easterly along the geodesic to 20° 53.825¢ S, 149° 1.362¢ E;
10
south along the meridian to the intersection of the mainland coastline and the parallel 20° 54.249¢ S (at or about 20° 54.249¢ S, 149° 1.362¢ E);
11
generally north-westerly along the mainland coastline at mean low water to the point of commencement.
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Cape Hillsborough and the meridian 149° 2.788¢ E (at or about 20° 54.210¢ S, 149° 2.788¢ E) then running progressively:
1
north-westerly along the geodesic to 20° 53.954¢ S, 149° 2.541¢ E;
2
north-easterly along the geodesic to 20° 53.924¢ S, 149° 2.744¢ E;
3
south-easterly along the geodesic to 20° 54.253¢ S, 149° 3.225¢ E;
4
southerly along the geodesic to 20° 54.557¢ S, 149° 3.215¢ E;
5
south-westerly along the geodesic to 20° 54.816¢ S, 149° 2.956¢ E;
6
south-easterly along the geodesic to 20° 55.239¢ S, 149° 3.130¢ E;
7
north-easterly along the geodesic to 20° 54.981¢ S, 149° 3.486¢ E;
8
easterly along the geodesic to 20° 55.039¢ S, 149° 3.855¢ E;
9
south-easterly along the geodesic to 20° 55.243¢ S, 149° 4.087¢ E;
10
south-westerly along the geodesic to 20° 55.752¢ S, 149° 3.963¢ E;
11
south-westerly along the geodesic to 20° 56.011¢ S, 149° 3.730¢ E;
12
south-westerly along the geodesic to 20° 56.195¢ S, 149° 2.979¢ E;
13
north-westerly along the geodesic to 20° 56.100¢ S, 149° 2.470¢ E;
14
north-westerly along the geodesic to 20° 55.908¢ S, 149° 2.349¢ E;
15
north-easterly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 20° 55.724¢ S (at or about 20° 55.724¢ S, 149° 2.576¢ E);
16
generally easterly along the mainland coastline at mean low water to the point of commencement.
Table 47.2, Part 4: Offshore waters within Llewellyn Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 149° 19.841¢ E (at or about 21° 24.642¢ S, 149° 19.841¢ E) then running progressively:
1
south-easterly along the geodesic to 21° 24.766¢ S, 149° 20.251¢ E;
2
south-easterly along the geodesic to 21° 25.524¢ S, 149° 20.539¢ E;
3
southerly along the geodesic to 21° 25.894¢ S, 149° 20.503¢ E;
4
south-westerly along the geodesic to 21° 26.267¢ S, 149° 20.227¢ E;
5
north-westerly along the geodesic to 21° 26.212¢ S, 149° 19.872¢ E;
6
north-westerly along the geodesic to 21° 25.759¢ S, 149°19.492¢ E;
7
north-easterly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 149° 19.644¢ E (at or about 21° 25.520¢ S, 149° 19.644¢ E);
8
generally south-easterly along the mainland coastline at mean low water to the point of commencement.
Table 47.2, Part 5: Offshore waters within Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at East Point and the parallel 23° 51.876¢ S (at or about 23° 51.876¢ S, 151° 23.667¢ E) then running progressively:
1
south-easterly along the geodesic to 23° 52.013¢ S, 151° 23.932¢ E;
2
south-westerly along the geodesic to 23° 52.210¢ S, 151° 23.770¢ E;
3
south-westerly along the geodesic to 23° 52.299¢ S, 151° 23.631¢ E;
4
southerly along the geodesic to 23° 52.410¢ S, 151° 23.623¢ E;
5
south-westerly along the geodesic to the intersection of the mainland coastline at Settlement Point and the meridian 151° 23.317¢ E (at or about 23° 52.526¢ S, 151° 23.317¢ E);
6
generally north–easterly along the mainland coastline at mean low water to the point of commencement.
[40] Paragraph 54 (b)
after
Queensland
insert
as in force from time to time
[41] Paragraph 61 (2) (d)
omit
relevant permission
insert
permission
[42] Paragraph 65B (2) (c)
omit
relevant
[43] Regulation 66
omit
[44] Paragraph 69 (b)
omit
the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland
insert
Queensland fisheries legislation
[45] Regulations 70 and 71
omit
[46] Subregulation 72 (1)
omit
38D of the Act that the person proposes to use or enter the zone
insert
38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone)
[47] Subregulation 72 (1)
omit
use of, or entry to, the zone
insert
conduct in the zone (including the person’s use of, or entry to, the zone)
[48] Subregulation 72 (3)
omit
38E
insert
38DC
[49] Subregulation 73B (1), except the penalty
substitute
(1) A person commits an offence if:
(a) the person fishes in the Conservation Park Zone; and
(b) the person uses more than:
(i) 1 hand-held rod or handline; and
(ii) 1 hook attached to that line; and
(c) the person does not hold a permission authorising the fishing.
[50] Subregulation 73BA (1), except the penalty and note
substitute
(1) A person commits an offence if:
(a) the person fishes in the Marine National Park Zone; and
(b) the fishing is not for a purpose set out in section 2.7.3 of the Zoning Plan; and
(c) the person does not hold a permission authorising the fishing.
[51] Paragraph 73D (1) (b)
omit
relevant
[52] Division 2.3
omit
[53] Regulation 79
omit
a relevant permission
insert
an existing permission
[54] Paragraph 83 (5) (a)
omit
permission
insert
existing permission
[55] Regulation 84
omit each mention of
relevant permission holder
insert
holder of the existing permission
[56] Regulation 85
omit
of the relevant permission
insert
of the existing permission
[57] Regulation 85
omit
as the relevant permission to which
insert
to which
[58] Regulation 86
omit each mention of
the permission
insert
the existing permission
[59] Regulation 87
omit
the permission to which the authorisation is attached), in circumstances other than those to which subregulation 109 (2) or (3) or 110 (1) applies,
insert
the existing permission to which the authorisation is attached)
[60] Division 2.5
omit
[61] After Part 2
insert
Part 2A Permissions
Division 2A.1 Permissions to which Part 2A applies
88 Permissions to which Part 2A applies
(1) This Part applies to the following permissions:
(a) a permission for the purpose of section 38AA of the Act to engage in mining operations or geological storage operations;
(b) a permission referred to in sections 38BA and 38BB of the Act for the purpose of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);
(c) a permission referred to in section 38BD of the Act for the purpose of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;
(d) a permission for the purpose of section 38CA of the Act to engage in conduct in an unzoned area of the Marine Park;
(e) a permission for the purpose of section 38DD of the Act to discharge waste in the Marine Park;
(f) a permission for the purpose of regulation 53 to use or enter a Restricted Access SMA mentioned in regulation 52.
(2) To avoid doubt, a permission referred to in paragraph (1) (b) includes a special permission.
Division 2A.2 Applications for permissions
88A Application for permission
(1) Subject to Division 2A.3, a person may apply to the Authority for a permission by:
(a) lodging a written application in accordance with subregulation (3); or
(b) making an application (whether or not in writing) in a manner approved by the Authority.
Note Division 2A.3 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.
(2) Paragraph (1) (b) applies only in the circumstances approved by the Authority.
(3) For the purposes of paragraph (1) (a), the application must:
(a) be in the form approved by the Authority; and
(b) include the information required by the form; and
(c) be accompanied by any documents required by the form; and
(d) be lodged at a place or by a means specified in the form.
Note Under paragraph 131 (1) (a), the Authority must, as soon as practicable after receiving an application, notify an applicant of the fee payable for the application.
(4) The Authority is not required to consider the application, or consider it further, if the application does not comply with the requirements of subregulation (3).
(5) If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (3), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:
(a) that the application is incomplete; and
(b) the matters that must be dealt with to complete the application.
(6) If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.
88B Withdrawal of applications
Subject to regulation 88C, a person who makes an application under regulation 88A may, by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.
88C Withdrawals of deemed applications
(1) This regulation sets out when a deemed application is taken to be withdrawn.
(2) If, under section 37AB of the Act, a referral under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999 is taken to be an application for a permission made in accordance with these Regulations, the referral is a deemed application for the purposes of this regulation.
(3) If, under paragraph 74D (4) (a) of that Act, the Minister refuses to approve the taking of the action proposed in the deemed application, the deemed application is taken to have been withdrawn at the time the Minister makes that decision.
(4) However, if the Minister makes a decision under paragraph 74D (4) (b) of that Act in relation to the action proposed in the deemed application, the deemed application is, at the time the Minister makes the decision, reinstated.
(5) If, under subsection 133 (7) of that Act, the Minister refuses to approve the taking of the action proposed in the deemed application, the application is taken to have been withdrawn at the time the Minister refuses to approve the taking of the action proposed in the referral.
(6) If the deemed application is withdrawn under section 170C of that Act, the application is taken to have been withdrawn at the time the referral is so withdrawn.
88D Advertising of applications
(1) If the Authority considers that the granting of a permission may restrict the reasonable use by the public of a part of the Marine Park, the Authority may, by written notice given to the applicant, require the applicant to publish an advertisement:
(a) setting out any information about the application that the Authority reasonably requires; and
(b) inviting interested persons to make written comments to the Authority about the application within a period of not less than 30 days specified by the Authority; and
(c) specifying an address to which such comments may be sent.
(2) The applicant must, within the period specified in the notice:
(a) provide a copy of the advertisement to the Authority; and
(b) publish the advertisement in a newspaper circulating in that part of the State of Queensland adjacent to that part of the Marine Park in which the conduct, for which permission is sought, is to be engaged in.
(3) The Authority must also publish the advertisement on its website.
(4) If the applicant does not publish the advertisement in accordance with subregulation (2), the application is taken to have been withdrawn at the end of the period specified in the notice mentioned in paragraph (1) (b).
88E Additional information
(1) For the purpose of assessing an application, the Authority may, in writing, request that the applicant give to the Authority specified additional information or a specified additional document.
(2) The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:
(a) the Environment Protection and Biodiversity Conservation Act 1999; or
(b) the Environmental Protection Act 1994 of Queensland, the Integrated Planning Act 1997 of Queensland or the State Development and Public Works Organisation Act 1971 of Queensland.
(3) If the applicant does not provide the additional information or document to the Authority within 20 business days after the day the Authority gives the notice to the applicant (or such longer period that the Authority allows), the application is taken to have been withdrawn.
Division 2A.3 Applications for special permissions
88F Purpose of Division
(1) This Division provides for the process of seeking expressions of interest in relation to applications for special permissions.
(2) This Division also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.
Note Generally, only entitled persons can apply under regulation 88A for a special permission.
88G Interpretation
(1) In this Division:
heli‑pontoon means a non‑motorised, permanently moored facility that is used solely as a landing area for helicopters.
special permission has the meaning given by subregulations (2), (3) and (4).
(2) A special tourism permission is a special permission.
(3) A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37 (2) of the Cairns Area Plan of Management 1998 is a special permission.
(4) A permission to operate a mooring facility that meets the criteria in subregulation (5) is a special permission.
(5) For subregulation (4), the criteria are that the mooring facility:
(a) is in a Location listed in Schedule 6 to the Cairns Area Plan of Management 1998; or
(b) is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008; or
(c) is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004; or
(d) is of a kind mentioned in subclause 1.37 (1) of the Cairns Area Plan of Management 1998;
but is not a mooring facility:
(e) of a kind mentioned in paragraph 1.36 (3) (a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39 (7) of the Cairns Area Plan of Management 1998; or
(f) in a place mentioned in subclause 1.27 (2) of the Whitsundays Plan of Management 1998; or
(g) in a place or of a kind referred to in subclause 1.29 (1) or 2.22 (2) of the Hinchinbrook Plan of Management 2004.
88H Application of Division
(1) A person is not required to be declared an entitled person under this Division in order to apply for a special permission if:
(a) the person holds a special permission and, before the permission expires, the person applies under regulation 88A to replace the permission with a permission of the same kind; or
(b) the person held a special permission and after its expiry:
(i) the person applied under regulation 88A to replace the permission with a permission of the same kind; and
(ii) the Authority, under subregulation (2), decides to treat the application as having been made before the expiry of the permission; or
(c) the permission is transferred to the person under regulation 88ZK.
(2) For subparagraph (1) (b) (ii), the Authority may decide to treat the application as having been made before the expiry of the special permission if the Authority considers that special circumstances put forward in writing by the applicant justify its doing so.
88I Only entitled person may apply for special permission
(1) Despite subregulation 88A (1) and subject to regulation 88H, a person may apply for a special permission only if the person is, under this Division, declared to be an entitled person for the permission.
(2) The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management, and either:
(a) has not been granted previously; or
(b) if granted previously — will not be in force at the time the entitled person is granted the applied-for permission under regulation 88X.
Note 1 A permission might no longer be in force because it has expired, has been surrendered or has been revoked.
Note 2 The process of seeking expressions of interest must occur before the granting of the special permission. See regulation 88J.
88J Invitations for expressions of interest
(1) Subject to regulation 88H, before granting a special permission under regulation 88X, the Authority must publish a notice inviting expressions of interest in the permission.
(2) The notice must be published:
(a) on the Authority’s website; and
(b) in a newspaper, if any, that is a local newspaper circulating in that part of the State of Queensland adjacent to that part of the Marine Park in which the conduct, for which permission is sought, is to be engaged in.
(3) The notice must set out:
(a) the kind of permission or, if the notice applies to more than 1 kind of permission, each of the kinds of permission, for which expressions of interest are sought; and
(b) the procedure for expressing an interest; and
(c) the closing date for expressing an interest; and
(d) the amount of the lodgment fee for expressing an interest; and
(e) the criteria to be applied by the Authority in assessing an expression of interest.
(4) The notice must be published at least 10 business days before the closing date for the expressions of interest.
88K Consideration of expressions of interest to determine entitled person
(1) In making a decision under regulation 88M, 88N or 88O as to who is an entitled person in relation to a special permission mentioned in a notice under regulation 88J, the Authority must only consider expressions of interest that are:
(a) made in the form approved by the Authority; and
(b) received after the publication of the notice but no later than the closing date set out in the notice; and
(c) accompanied by the lodgment fee mentioned in the notice.
(2) In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 88J (3) (e).
88L Ranking expressions of interest
(1) Subject to subregulation (3), for each kind of special permission for which interest is expressed by more than 1 person, the Authority must rank the expressions in order of merit, and may rank by ballot any expressions of equal merit.
(2) The Authority must determine the order of merit on the basis of the criteria set out in the notice under paragraph 88J (3) (e).
(3) The Authority must not rank an expression of interest that does not satisfy all of the criteria mentioned in the notice under paragraph 88J (3) (e).
(4) The Authority must give to a person whose expression of interest has not been ranked, a written notice setting out the reasons for the Authority’s decision not to rank the expression of interest.
(5) The Authority must give the notice to the person within 10 business days after making the decision.
88M First declaration of entitled person
(1) For a kind of special permission set out in a notice under regulation 88J, the Authority must, in writing, declare the person who lodged the most highly ranked expression of interest for that kind of permission to be the entitled person for the permission.
(2) The declaration must be made, and given to the person, as soon as practicable after the Authority ranks the expression of interest.
(3) The declaration must:
(a) specify the date from which the decision that the person’s expression of interest is the most highly ranked for the permission takes effect (the date of effect); and
(b) declare that the person is an entitled person to make an application under regulation 88A for that permission; and
(c) state that the person must make the application within 15 business days after the date of effect or the person will cease to be the entitled person for the permission.
(4) The date of effect must not be a date before the date that the declaration is given to the person.
88N Second declaration of entitled person
(1) The person declared to be the entitled person for the special permission under regulation 88M ceases to be the entitled person if the person:
(a) does not apply under regulation 88A within the period mentioned in paragraph 88M (3) (c); or
(b) withdraws an application made under regulation 88A; or
(c) lodges an application under regulation 88A and the application:
(i) is taken to have been withdrawn under subregulation 88E (3); or
(ii) is refused under regulation 88X; or
(iii) lapses under regulation 132.
(2) If the person ceases to be the entitled person for the special permission, the Authority must again rank the expressions of interest for the permission so that the immediately next ranked expression of interest becomes the most highly ranked expression of interest.
(3) The Authority must, in writing, declare the person whose expression of interest was ranked highest under subregulation (2), to be the entitled person for the permission.
(4) The declaration must be made, and given to the person, as soon as practicable after the Authority ranks the expression of interest under subregulation (2).
(5) The declaration must:
(a) specify the date from which the decision that the person’s expression of interest is the most highly ranked for the permission takes effect (the date of effect); and
(b) declare that the person is an entitled person to make an application under regulation 88A for the permission; and
(c) state that the person must apply to make that application within 15 business days after the date of effect or the person will cease to be the entitled person for the permission.
(6) The date of effect must not be a date before the date that the declaration is given to the person.
88O Further declarations of entitled person
(1) If the person declared under regulation 88N to be the new entitled person for the special permission:
(a) does not apply under regulation 88A within the period mentioned in paragraph 88N (5) (c); or
(b) withdraws an application made under regulation 88A; or
(c) lodges an application under regulation 88A and the application:
(i) is taken to have been withdrawn under subregulation 88E (3); or
(ii) is refused under regulation 88X; or
(iii) lapses under regulation 132;
then regulation 88N continues to apply as required to the process of ranking of expressions of interest to determine the person who is to be declared the entitled person for the permission.
(2) If the Authority is required to again rank expressions of interest under regulation 88N for a kind of permission set out in a notice under regulation 88J, the Authority in doing so need only take into account the outcome of the previous ranking for that permission.
88P Notice regarding unsuccessful expressions of interest
(1) If:
(a) a person’s expression of interest for a special permission has been ranked by the Authority under regulation 88L; and
(b) the person has not received a declaration under regulation 88M, 88N or 88O;
the Authority must give the person a written notice setting out the reasons for the decision not to give the person’s expression of interest the highest ranking for that permission.
(2) The notice must be given within 20 business days after the making of the decision.
(3) This regulation does not apply in relation to an expression of interest that has been ranked again by the Authority in accordance with regulation 88N or 88O.
Division 2A.4 Consideration of applications
88Q Consideration of applications — mandatory considerations
In deciding whether or not to grant a permission in relation to an application, and whether or not to impose any conditions on the permission, the Authority must consider the following:
(a) the potential impacts of the conduct proposed to be permitted by the permission (the proposed conduct) on the environment and on the social, cultural and heritage values of the Marine Park or a part of the Marine Park;
(b) options for monitoring, managing and mitigating the potential impacts of the proposed conduct;
(c) if the proposed conduct will take place in an area to which a zoning plan applies — the objectives of the zone as set out in the zoning plan;
(d) if the proposed conduct also requires an approval or permit under the Environment Protection and Biodiversity Conservation Act 1999:
(i) whether the approval or permit has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and
(ii) any relevant assessment documentation (within the meaning given by subsection 133 (8) of that Act) in relation to the approval or permit;
(e) any written comments received about the application in response to the public advertisement published in accordance with regulation 88D;
(f) any other matters relevant to the orderly and proper management of the Marine Park.
Note Subsection 7 (3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.
88R Consideration of applications — discretionary considerations
In deciding whether or not to grant a permission in relation to an application, and whether or not to impose any conditions on the permission, the Authority may consider the following:
(a) the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;
(b) the effect that the grant of the permission will have on public appreciation, understanding and enjoyment of the Marine Park;
(c) the impact of the conduct proposed to be permitted under the permission in the context of other conduct in the relevant area or nearby areas, or in the Marine Park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the Authority’s consideration of the application, whether or not related to or a consequence of the proposed conduct;
(d) any policies or guidelines issued by the Authority about the management of the Marine Park or the performance of the Authority’s functions under the Act and these Regulations;
(e) if the application for the permission relates to an undeveloped project the cost of which will be large — the capacity of the applicant to satisfactorily develop and manage the project;
(f) if the proposed conduct also requires an approval or a permission under a law of Queensland — whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and
(g) any international Convention to which Australia is a signatory, or any agreement between the Commonwealth and a State or Territory, that is relevant to the application;
(h) any relevant law of the Commonwealth, or a relevant law of Queensland as in force from time to time, or a relevant plan made under such a law, relating to the management of the environment, or an area in the Marine Park;
(i) any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999;
(j) whether the applicant for the permission is a suitable person to hold such a permission, having regard to:
(i) the applicant’s history in relation to environmental matters; and
(ii) if the applicant is a body corporate — the history of its executive officers in relation to environmental matters; and
(iii) if the applicant is a company that is a subsidiary of another company (the parent body) — the history of the parent body and its executive officers in relation to environmental matters; and
(iv) any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and
(v) any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and
(vi) any unpaid fines or civil penalties required to be paid by the applicant in relation to a contravention of the Act or of these Regulations;
(k) any other matters relevant to achieving the objects of the Act.
88S Limitations on granting permissions to take protected species
(1) If conduct that is the subject of an application for a permission relates to, or involves, the taking of a protected species, the Authority must not issue a permission for the conduct unless it is satisfied that:
(a) the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and
(b) 1 or more of the following apply:
(i) to the extent that the conduct relates to an area or areas outside the Marine Park — the conduct is permitted by or under the Environment Protection and Biodiversity Conservation Act 1999;
(ii) the conduct is of particular significance to the traditions of traditional owners and will not adversely affect the survival or recovery in nature of the protected species;
(iii) the conduct will contribute to the conservation of the protected species;
(iv) the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.
(2) If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or swimming with whales, the Authority must also consider whether the conduct will adversely affect a cetacean or the conservation status of a species of cetacean or a population of a species of cetacean.
(3) The matters mentioned in subregulations (1) and (2) are additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.
88T Limitations on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area
(1) For subparagraph 2.3.4 (a) (iii) of the Zoning Plan, the following limitations are prescribed in relation to a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:
(a) the Authority must not grant the permission unless the applicant:
(i) demonstrates, by producing logbook records and receipts for broodstock from an aquaculture facility, that the applicant has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and
(ii) holds a current commercial fisheries licence (T1 endorsement) under Queensland fisheries legislation; and
(iii) demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and
(iv) demonstrates compliance with the requirements of Queensland fisheries legislation relating to the maintenance and use of vessel monitoring systems; and
(v) holds a purchase order for leader prawn broodstock from a licensed Australian aquaculture facility;
(b) the Authority must not grant the permission if doing so would result in there being more than 5 such permissions in force at any one time.
(2) The matters mentioned in subregulation (1) are additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.
(3) This regulation applies only in relation to the initial grant of a permission of a kind mentioned in subregulation (1).
88U Limitation on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area — maximum number
(1) In this regulation, Ribbon Reefs Sector and Offshore Port Douglas Sector have the same meaning as in Schedule 2 to the Cairns Area Plan of Management 1998.
(2) This regulation applies to an application for a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area.
(3) The Authority must not grant the permission if doing so would result in there being more than 9 permissions of that kind in force at any one time.
(4) The matter mentioned in subregulation (3) is additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.
88V Limitations on granting permissions to enter or use Princess Charlotte Bay SMA — special management provisions
(1) In this regulation:
primary commercial fishing boat licence means a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time.
specified area means the area enclosed by the meridians 143° 30.00¢ E and 144° 30.00¢ E and the parallels 14° 00.00¢ S and 14° 30.00¢ S.
Note The area defined is known as the Queensland fisheries logbook areas D11 and E11.
(2) For section 4.2.4 of the Zoning Plan, the Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) unless:
(a) the person is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the specified area; and
(b) in accordance with the licence, netting was carried out in the specified area:
(i) at any time between 1 January 1996 and 31 December 1999 (inclusive); and
(ii) at any time in 3 or more calendar years between 1 January 1988 and 31 December 1999 (inclusive); and
(c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in the specified area in the period mentioned in subparagraph (b) (ii).
(3) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) must, in addition to containing the information required by Division 2A.2, be accompanied by evidence of the kind mentioned in subregulation (4) showing that the applicant satisfies the criteria in subregulation (2).
(4) For subregulation (3), the evidence is:
(a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 of Queensland, showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (2) (a); and
(b) a copy of each of the documents specified in subregulation (5), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 of Queensland), showing that the applicant had complied with the conditions set out in paragraphs (2) (b) and (c).
(5) For paragraph (4) (b), the following documents are specified:
(a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority or the State of Queensland through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 of Queensland, as in force on 1 July 2004;
(b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 of Queensland.
(6) The matters mentioned in subregulation (2) are additional to the matters that the Authority is required to consider under regulation 88Q or may consider under regulation 88R.
(7) This regulation applies only in relation to the initial grant of a permission of a kind mentioned in subregulation (2).
88W Considerations for permissions to camp on Commonwealth islands
(1) In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.
(2) To avoid doubt, the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R do not apply to a permission under subregulation (1).
Note Subsection 7 (3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.
Division 2A.5 Granting and refusing permissions
88X Grant or refusal of permission
If:
(a) a person has applied for a permission in accordance with this Part; and
(b) has complied with any requirement or request by the Authority about the application;
the Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application.
88Y Application to be decided within reasonable time
(1) Subject to regulation 88Z, the Authority must make a decision on the application, and must notify the applicant of its decision, within a reasonable period after receipt of the application.
(2) The Authority must notify the applicant in writing.
Note Under the Electronic Transactions Act 1999 the Authority is able to notify its decision by electronic communication.
88Z Decision on referrals that are taken to be applications
(1) This regulation applies if, under section 37AB of the Act, a referral under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999 is taken to be an application (the deemed application) for a permission made in accordance with these Regulations.
(2) The Authority must not make a decision in relation to the deemed application unless:
(a) the Minister has determined under section 75 of the Environment Protection and Biodiversity Conservation Act 1999 that the action is not a controlled action; or
(b) if the Minister has determined that the action is a controlled action — the Minister has made a decision under section 133 of the Environment Protection and Biodiversity Conservation Act 1999 to approve the action in the referral.
(3) The Authority must make a decision in relation to the deemed application:
(a) if paragraph (2) (a) applies — within a reasonable period after the making of the determination mentioned in paragraph (2) (a); and
(b) if paragraph (2) (b) applies — within the period of 10 business days after the making of the decision mentioned in paragraph (2) (b), unless subregulation (4) applies.
(4) The Authority may extend the period mentioned in paragraph (3) (b) by giving the applicant a notice in writing specifying the period within which it will make a decision on the deemed application.
(5) The notice must be given to the applicant before the end of the period mentioned in paragraph (3) (b).
Division 2A.6 Form, term and conditions of permissions
88ZA Form of permission
A permission issued by the Authority must be in writing and must specify the following:
(a) if the permission is issued to an individual — the name of the person or persons to whom the permission is issued;
(b) if the permission is issued to a body corporate — the name of the body corporate and, if available, the ABN or ACN of the body corporate, as appropriate;
(c) the conduct that the person is authorised to engage in;
(d) the date the permission is granted and, if different, the date the permission comes into force;
(e) the date the permission expires;
(f) the conditions subject to which the permission is granted;
(g) whether the permission allows the holder to grant authorities under the permission.
88ZB Term of permission
(1) Subject to regulation 88ZC, a permission remains in force for the period specified in the permission, unless it is revoked or surrendered before the end of that period.
(2) The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.
88ZC Certain permissions to continue in force
(1) If:
(a) at any time:
(i) before a permission (the original permission) ceases to be in force, the permission holder applies for a further permission of the same kind in relation to the same conduct; or
(ii) after the original permission expires the Authority decides under subregulation 88H (2) to treat the application for the further permission as having been made before the expiry of the original permission; and
(b) the application has not been granted or refused before the expiry of the original permission; and
(c) the application has not been withdrawn under regulation 88B or 88C before the expiry of the original permission;
then the original permission remains in force until the first of the following events occur:
(d) the application is taken to have been withdrawn under regulation 88D or 88E;
(e) the Authority makes a decision on the application under regulation 88X;
(f) the original permission is suspended or revoked under Division 2A.8;
(g) the application lapses under regulation 132.
(2) If a permission remains in force under subregulation (1), any authorisation attached to it is also taken to remain in force as long as the permission is in force.
88ZD Commencement of special permissions
(1) Subject to subregulations (2), (3) and (4), a special permission does not come into force until the end of a 70 business day period commencing on the day that the Authority decides to grant the permission.
(2) If:
(a) the Authority grants a special permission; and
(b) a request for reconsideration, in accordance with subregulation 185 (8), has not been made in relation to the Authority’s decision to grant the permission;
the permission comes into force on the day after the end of the period in which a request for reconsideration of the decision must be made under subregulation 185 (8).
(3) If the Authority grants an application under regulation 88A to replace a special permission with a permission (the new permission) of the same kind, the new permission comes into force on the day it is granted, or such later date as is specified by the Authority in the permission.
(4) If the Authority approves the transfer of a special permission (the transferred permission) under regulation 88ZK, the transferred permission comes into force on the day the transfer is approved, or such later date as is specified by the Authority in the approval.
88ZE Conditions of permission
(1) A permission may be granted subject to any conditions appropriate to the attainment of the objects of the Act.
(2) Without limiting the generality of subregulation (1), a permission may be granted subject to any of the following conditions:
(a) a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;
(b) a condition requiring the preparation, submission for approval by the Authority, and implementation of a plan for preventing, minimising or mitigating the potential environmental impacts of the permitted conduct;
(c) a condition requiring specified monitoring and audit activities to be carried out;
(d) a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to the attainment of the objects of the Act;
(e) a condition requiring the provision of a security by way of a bond, guarantee or cash deposit;
(f) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any project that is permitted by the permission;
(g) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);
(h) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or these Regulations;
(i) a condition requiring the permission holder to undertake specified activities:
(i) to protect the environment of the Marine Park; or
(ii) to repair or mitigate damage to the environment of the Marine Park;
(j) a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).
(3) The Authority must not include in a permission a condition of a kind mentioned in paragraph (2) (i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.
88ZF Authorities under permissions
(1) In granting a permission, the Authority may include in the permission a condition that allows the holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.
(2) The holder of a permission that contains such a condition may, unless to do so would contravene another condition of the permission, give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.
(3) If the carrying out of an activity by a person is authorised by an authority under a permission:
(a) the permission is, for the purposes of these Regulations, taken to authorise that person to carry out that activity; and
(b) any conditions to which the permission is subject, being conditions that relate to the carrying out of that activity, apply to the carrying out of that activity by the person; and
(c) the permission holder remains responsible for any activity carried out under the authority; and
(d) the giving of the authority does not prevent the carrying out of any activity by the person who gave the authority.
Division 2A.7 Transfer of permissions and changes in beneficial ownership
Subdivision 2A.7.1 Transfer of permissions
88ZG Application to transfer permission
(1) The holder of a permission (the transferor) may apply to the Authority to transfer the permission, unless the permission:
(a) is suspended; or
(b) would have expired before the date of the proposed transfer.
(2) The application must:
(a) be in the form approved by the Authority; and
(b) be signed by the transferor and the proposed transferee; and
(c) include, or be accompanied by, the information and documents required by the form; and
(d) be lodged:
(i) at a place or by a means specified in the form; and
(ii) at least 20 business days before the day on which the transfer is intended to occur; and
(e) be accompanied by the transfer fee required under item 1 of Table 134.
(3) The Authority is not required to consider the application, or consider it further, if the application does not comply with the requirements of subregulation (2).
(4) If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (2), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:
(a) that the application is incomplete; and
(b) the matters that must be dealt with to complete the application.
(5) If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.
88ZH Consideration of application to transfer a permission
(1) In considering the application to transfer a permission, the Authority must consider the following:
(a) the need to ensure the orderly and proper management of the Marine Park;
(b) whether the transferor or proposed transferee owes any fee or other amount payable under the Act or these Regulations;
(c) whether there are reasonable grounds for believing that the transferee can comply with any conditions to be attached to the permission.
(2) In considering the application to transfer a permission, the Authority may consider the following:
(a) if the application relates to an undeveloped project the cost of which will be large — the capacity of the proposed transferee to satisfactorily develop and manage the project;
(b) whether the transferee would be a suitable person to hold the permission, having regard to:
(i) the transferee’s history in relation to environmental matters; and
(ii) if the transferee is a body corporate — the history of its executive officers in relation to environmental matters; and
(iii) if the transferee is a company that is a subsidiary of another company (the parent body) — the history of the parent body and its executive officers in relation to environmental matters.
88ZI Further information required to consider application
(1) For the purposes of assessing the transferor’s application under regulation 88ZG, the Authority may, in writing, request the transferor or the transferee to give to the Authority specified additional information or specified additional documents.
(2) The transferor or transferee, as appropriate, must give the specified information or specified documents to the Authority within the period of 20 business days after the Authority gives the request to the transferor or transferee, as appropriate.
(3) The Authority may, before the expiration of the 20 business days, extend the period by notice in writing given to the transferor or transferee, as appropriate.
(4) The application is taken to have been withdrawn at the end of the period of 20 business days, or the longer period allowed by the Authority, as the case may be, if the transferor or the transferee, as appropriate, does not provide the additional information or document.
88ZJ Transfer of permissions related to approval under Environment Protection and Biodiversity Conservation Act 1999
The Authority must not approve the transfer of a permission that relates to an activity that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless the Minister has consented to the transfer of the approval under section 145B of that Act.
88ZK Approval of transfer
(1) The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission:
(a) within 20 business days after receiving the application; or
(b) if the Authority has requested additional information under regulation 88ZI — within 20 business days after receiving the additional information, unless the application is taken to have been withdrawn under subregulation 88ZI (4); or
(c) if the Authority has notified the applicant of a longer period for considering the application — no later than the end of that longer period, unless the application is taken to have been withdrawn under subregulation 88ZI (4).
(2) The Authority must not approve a transfer unless any fee payable under regulation 134 has been paid.
(3) If the Authority approves the transfer, it must issue the transferee a permission (the new permission) of identical effect and with identical conditions as the permission held by the transferor, unless otherwise agreed by the transferee.
(4) Despite subregulation (3), the new permission may include any of the following conditions:
(a) a condition requiring the provision of a security by way of a bond, guarantee or cash deposit;
(b) a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any project that is permitted by the permission;
(c) a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);
(d) a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or these Regulations.
(5) The permission (the old permission) held by the transferor is cancelled at the time the transferee is granted the new permission.
88ZL Transfer of authorisation attached to permission
(1) Any authorisation that is attached to the permission is transferred with the permission.
(2) To avoid doubt, an authorisation cannot be transferred separately from the permission to which it is attached.
Note Under regulation 85, an authorisation is part of the permission to which it is attached.
Subdivision 2A.7.2 Change in beneficial ownership of company
88ZM Change in beneficial ownership of permission holder that is a company
(1) A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.
Note It is an offence under regulation 88ZX not to notify the Authority of the change.
(2) The notice must be:
(a) in a form approved by the Authority; and
(b) given to the Authority within 20 business days after the change occurs.
(3) For subregulation (1), a change in the beneficial ownership of a company occurs when:
(a) there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or
(b) the company becomes a subsidiary of another company.
88ZN Further particulars about change in beneficial ownership
(1) The Authority may, in writing given to the changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in regulation 88ZO.
(2) The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company (or modify the conditions of the permission) if the company does not provide the information to the Authority within 20 business days (or such longer period specified by the Authority) after the Authority gives the request to the company.
(3) Before suspending or revoking the permission (or modifying the conditions of the permission) under subregulation (2), the Authority must:
(a) give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission (or modifying the conditions of the permission); and
(b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or such longer period as is specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked or why the conditions should not be modified.
(4) In deciding whether or not to suspend or revoke the permission (or modify the conditions of the permission), the Authority must consider any reasons provided by the permission holder in response to a notice under subregulation (3).
88ZO Suspension, revocation or modification in relation to change in beneficial ownership
(1) If the Authority receives a notice under regulation 88ZM, it may suspend or revoke, or modify the conditions of, the permission held by the changed company on the following grounds:
(a) if the permission relates to an undeveloped project the costs of which will be large — there are reasonable grounds for believing the changed company does not have the capacity to satisfactorily develop and manage the project;
(b) the changed company, or an executive officer of the changed company, owes a fee, fine or other amount payable under the Act or these Regulations;
(c) there are reasonable grounds for believing that the changed company cannot comply with one or more of the conditions attached to the permission;
(d) the changed company is not a suitable person to hold the permission, having regard to:
(i) the history of the changed company in relation to environmental matters; and
(ii) the history of the executive officers of the changed company in relation to environmental matters; and
(iii) if the changed company is a subsidiary of another company (the parent body) — the history of the parent body, and its executive officers, in relation to environmental matters.
(2) The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:
(a) if the Authority has not requested additional information under regulation 88ZN — a notice under regulation 88ZM; or
(b) if the Authority has requested additional information under regulation 88ZN — the additional information requested under regulation 88ZN.
Division 2A.8 Modification, suspension and revocation
88ZP Modification of permission conditions
(1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission in order to ensure the permission, and the conditions of the permission, remain appropriate to the attainment of the objects of the Act.
(2) The Authority may modify the conditions:
(a) with the consent of the permission holder; or
(b) without the consent of the permission holder:
(i) if the holder has been convicted or found guilty of an offence against the Act or these Regulations; or
(ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the person’s application for the permission; or
(iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision in the Act; or
(iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been varied under section 143 of that Act; or
(v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.
(3) Before taking action to modify a condition on a ground mentioned in paragraph (2) (b), the Authority must:
(a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and
(b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or such longer period as is specified in the notice), provide reasons to the Authority why the condition should not be modified.
(4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in response to a notice under subregulation (3).
(5) In this regulation, permission includes an authorisation attached to the permission.
88ZQ Modification of conditions or suspension of permission — pending investigation
(1) The Authority may, by written notice to the permission holder, modify the conditions of the permission, or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:
(a) the holder has contravened, or is likely to contravene, the conditions of the permission; or
(b) unacceptable impacts have occurred, are occurring or are likely to occur, to the Marine Park or to users of the Marine Park which were not foreseen at the time of granting the permission; or
(c) if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or
(d) the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.
(2) The notice must also:
(a) set out the Authority’s reasons for the modification or suspension; and
(b) specify a period (being a period of not less than 10 business days) within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.
(3) The modification or the suspension, as appropriate, commences:
(a) on the day the Authority notifies the permission holder under subregulation (1); or
(b) if a later day is specified in the notice, on that later day.
(4) The Authority must, as soon as practicable after notifying the permission holder:
(a) investigate the matter in respect of which the condition was modified or the permission was suspended; and
(b) consider any reasons provided by the permission holder in response to the notice.
(5) The Authority must complete its investigation within:
(a) 20 business days after the day on which the modification or suspension commenced; or
(b) 20 business days after the day the permission holder provides reasons to the Authority in response to the notice;
whichever occurs later.
(6) In this regulation, permission includes an authorisation attached to the permission.
88ZR Action following investigation
(1) If, as a result of its investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the permission, it must:
(a) immediately remove the modification or suspension; and
(b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension, as the case may be.
(2) If, as a result of its investigation, the Authority finds reasonable grounds for modifying the condition or suspending the permission, it may, by written notice given to the permission holder, take the following action:
(a) continue the modification;
(b) continue the suspension;
(c) revoke the permission.
(3) The Authority must take the action no later than 10 business days after the day it completes its investigation.
(4) The notice must include the reasons for continuing the modification or suspension, or revoking the permission, as the case may be.
(5) If the Authority continues the modification or suspension by notice under subregulation (2), the following provisions apply:
(a) in the case of a modification of a condition — the permission that is subject to the condition has effect as if it had been granted with the modified condition;
(b) in the case of a suspension — the permission remains suspended for the period specified in the notice.
(6) If the Authority revokes the permission under subregulation (2), the revocation takes effect on the day the Authority gives the notice to the permission holder.
(7) If the Authority does not continue the modification or suspension, or revoke the permission, within a period of 10 business days after completing its investigation, the modification or suspension, as the case may be, ceases to have effect at the end of that period.
(8) In this regulation, permission includes an authorisation attached to the permission.
88ZS Suspension or revocation of permission — bareboat operations
(1) The Authority may, by notice in writing given to a permission holder, suspend the permission granted to the holder for the purposes of a zoning plan to conduct a tourist program involving a bareboat operation in the Whitsunday Planning Area if:
(a) the holder’s senior staff, persons responsible for briefing clients and persons operating radio facilities are not registered with the Authority under regulation 124; or
(b) the holder’s bareboats do not have protection and public liability indemnity insurance for at least $10 000 000; or
(c) the holder does not have facilities available on board the bareboats and on shore for the disposal of garbage resulting from the bareboat operation; or
(d) the holder’s bareboats do not display a valid and unique identification number, issued by the Authority, when the holder conducts the bareboat operation in the Marine Park.
(2) The suspension commences:
(a) on the day the Authority notifies the permission holder under subregulation (1); or
(b) if a later day is specified in the notice, on that later day.
(3) Before suspending a permission under subregulation (1), the Authority must:
(a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify suspending the permission; and
(b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.
(4) In deciding whether to suspend the permission, the Authority must consider any reasons provided by the permission holder in response to a notice under subregulation (3).
(5) If the permission holder does not comply, or ensure compliance, with the requirements in paragraphs (1) (a) to (d), within the period of 40 business days after the suspension, the Authority may revoke the permission after the end of the period by giving the holder written notice.
(6) The revocation commences:
(a) on the day the Authority gives notice to the permission holder under subregulation (5); or
(b) if a later day is specified in the notice, on that later day.
88ZT Suspension of permission — environmental management charge
(1) The Authority may, by notice in writing given to the holder of a chargeable permission, suspend the permission if any of the following apply:
(a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;
(b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;
(c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;
(d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA (3) of the Act;
(e) an amount of late payment penalty that is payable in relation to the permission has not been paid;
(f) at the end of the month in which a return in relation to the permission is to be given to the Authority under subregulation 167 (1) or (3), the return has not been given to the Authority.
(2) The suspension commences:
(a) on the day the Authority gives notice to the permission holder under subregulation (1); or
(b) if a later day is specified in the notice, on that later day.
(3) The suspension remains in force until the Authority is satisfied:
(a) that:
(i) if paragraph (1) (a), (b), (c), (d) or (e) applies — the charge, amount or penalty, as appropriate, is paid; or
(ii) if paragraph (1) (f) applies — a properly completed return has been given to the Authority; and
(b) that the reinstatement fee under regulation 133B is paid to the Authority.
(4) Before taking action to suspend a permission under subregulation (1), the Authority must:
(a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and
(b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.
(5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in response to a notice under subregulation (4).
88ZU Revocation of permission — general
(1) The Authority may, by written notice given to the permission holder, revoke the permission if the Authority is satisfied that any of the following apply:
(a) the holder consents to the revocation;
(b) the holder has been convicted or found guilty of an offence against the Act or these Regulations;
(c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the holder’s application for the permission;
(d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision in the Act;
(e) if the permission has been suspended under regulation 88ZT — the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;
(f) the conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;
(g) the holder did not begin to engage in the conduct that is permitted by the permission in the Marine Park within 120 days after the date on which the permission was granted, or transferred, under these Regulations, unless the permission states otherwise.
(2) A revocation takes effect:
(a) on the day the Authority gives the holder notice of the revocation under subregulation (1); or
(b) if a later day is specified in the notice, on that later day.
(3) Before taking action to revoke a permission on a ground mentioned in paragraphs (1) (b) to (g), the Authority must:
(a) give to the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and
(b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.
(4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in response to a notice under subregulation (3).
(5) In spite of subregulation (3), the Authority may, by notice in writing given to the holder, suspend the permission while it considers whether or not to revoke the permission.
(6) The suspension:
(a) commences:
(i) on the day the Authority notifies the permission holder under subregulation (3); or
(ii) if a later day is specified in the notice, on that later day; and
(b) ends on the earlier of:
(i) the day the Authority makes a decision on whether or not to revoke the permission; and
(ii) the day that is 20 business days after the date of the notice mentioned in subregulation (3).
(7) In this regulation, permission includes an authorisation attached to the permission.
88ZV Revoked permission to be reinstated in particular circumstances
(1) This regulation applies if:
(a) the Authority has revoked a permission (the revoked permission) because the conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and
(b) the revoked approval has been reinstated under section 145A of that Act.
(2) The Authority must:
(a) reinstate the revoked permission as soon as practicable after the revoked approval has been reinstated; and
(b) notify the permission holder in writing that the permission has been reinstated.
Division 2A.9 Offence provisions
88ZW Requirement to produce permission for inspection
(1) A person commits an offence if:
(a) the person holds a permission; and
(b) the person engages in conduct in the Marine Park; and
(c) the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and
(d) the person does not produce the permission to the Authority or inspector.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) In this regulation, permission includes an authority given under the permission and an authorisation attached to the permission.
88ZX Notification of change in beneficial ownership
(1) A person commits an offence if:
(a) the person is a body corporate; and
(b) the body corporate is a permission holder; and
(c) there is a change in the beneficial ownership of the body corporate after the permission has been granted; and
(d) the person does not notify the Authority in writing of the change within 20 business days of the change occurring.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
88ZY Conviction after permission is suspended or revoked
(1) A person:
(a) who was the holder of a permission; and
(b) who failed to comply with a condition of the permission while the permission was in force;
may be convicted of an offence for failing to comply with the condition although the permission has been revoked or has otherwise ceased to be in force.
(2) In this regulation, permission includes an authorisation attached to the permission.
Division 2A.10 Miscellaneous
88ZZ Prescribed circumstances
For subsection 38BA (5) of the Act, the following circumstances are prescribed:
(a) in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which the Plan comes into operation:
(i) the person engaged in conduct of the same kind, in that area, before the Plan came into operation; and
(ii) permission was not required for that conduct in that area before the Plan came into operation; and
(iii) that conduct does not involve fishing or collecting in that area that would otherwise require permission after the Plan comes into operation;
(b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which an amendment of the Plan comes into operation:
(i) the person engaged in conduct of the same kind, in the same area, before the amendment came into operation; and
(ii) permission was not required for that conduct before the amendment came into operation; and
(iii) that conduct does not involve fishing or collecting in that area that would otherwise require permission after the amendment comes into operation;
(c) in respect of conduct engaged in by a person in an area covered by the Zoning Plan after the end of a period mentioned in paragraph (a) or (b):
(i) the person engaged in conduct of the same kind, in that area, before the beginning of that period; and
(ii) permission was not required for that conduct before the beginning of that period; and
(iii) the person applied for permission to engage in the conduct during that period; and
(iv) the person applied for the permission in accordance with these Regulations; and
(v) the person complies with any requirement or request made by the Authority under the Act, these Regulations or the Plan in relation to the application; and
(vi) the permission has not been granted or refused, and the application has not been withdrawn or lapsed.
Part 2B TUMRAs
Division 2B.1 Preliminary
89A Definitions for Part
In this Part:
holder, in relation to a TUMRA, means an individual:
(a) who is a member of the traditional owner group covered by the TUMRA; and
(b) to whom correspondence may be sent on behalf of the group.
Division 2B.2 Accreditation of TUMRA
89B Application for accreditation of TUMRA
(1) An individual may, on behalf of a traditional owner group, apply to the Authority for accreditation of a TUMRA that covers the group.
(2) The individual must be a member of the traditional owner group covered by the TUMRA.
(3) The application must:
(a) be in the form approved by the Authority; and
(b) include the information required by the form; and
(c) be accompanied by a copy of the TUMRA; and
(d) be accompanied by any other documents required by the form; and
(e) be lodged at a place or by the means specified in the form.
(4) The Authority is not required to consider an application, or consider it further, if the application does not comply with the requirements of subregulation (3).
(5) If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (3), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:
(a) that the application is incomplete; and
(b) the matters that must be dealt with to complete the application.
(6) If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.
(7) Nothing in this regulation prevents a group of individuals from making a joint application for accreditation of a TUMRA under subregulation (1), but all of the individuals must be members of a traditional owner group covered by the TUMRA.
89C Withdrawal of applications
(1) An application under regulation 89B for accreditation of a TUMRA may, by written notice given to the Authority, be withdrawn at any time before it is decided by the Authority.
(2) The notice must be signed, on behalf of the traditional owner group covered by the TUMRA, by the applicant or applicants who lodged the application, or by the authorised representative or representatives of the applicant or applicants, as the case may be.
89D Matters to be included in TUMRA
(1) A TUMRA must:
(a) describe the area of the Marine Park in relation to which the TUMRA is to operate; and
(b) identify the traditional owners covered by the TUMRA; and
(c) identify the holder of the TUMRA; and
(d) include a description of the area and the traditional use of marine resources to be covered by the TUMRA, including a description of the activities proposed to be undertaken at specific locations in an area of the Marine Park; and
(e) describe the animal species proposed to be harvested and, if those species include 1 or more protected species, how many specimens of each protected species is proposed to be harvested; and
(f) describe the management arrangements proposed by the traditional owner group for implementation of the TUMRA, including the proposed role of the traditional owner group in ensuring compliance with the TUMRA; and
(g) describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species; and
(h) describe the process used to develop the TUMRA by the traditional owner group, including any consultation with government authorities and other interested persons.
Note for paragraphs (e) and (g) For information about protected species, see regulation 29.
(2) For paragraph (1) (b), individuals may be identified by name, family, clan, traditional owner group or other means used by the group to identify members of the group.
(3) A TUMRA is not ineligible for accreditation only because it does not contain all of the information required by subregulation (1).
89E Additional information
(1) For the purpose of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants who lodged the application (the relevant applicant) to give to the Authority specified additional information or a specified additional document.
(2) The relevant applicant must provide the additional information or document within the period of 20 business days after the day the Authority gives the request to the relevant applicant.
(3) The Authority may, before the expiration of the period of 20 business days, extend the period by notice in writing given to the relevant applicant.
(4) The application is taken to have been withdrawn at the end of the period of 20 business days, or the longer period allowed by the Authority, as the case may be, if the relevant applicant does not provide the additional information or document.
89F Assessment of applications for accreditation
In assessing an application for accreditation of a TUMRA the Authority must consider the following matters:
(a) the objectives of the zone or zones in which the proposed TUMRA would apply;
(b) the matters covered by the TUMRA;
(c) the likely effect of accreditation of the TUMRA on future options for the Marine Park;
(d) the nature and scale of the traditional use of marine resources and any conservation of natural resources undertaken in accordance with the TUMRA;
(e) the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;
(f) any other requirements for ensuring the orderly and proper management of the Marine Park;
(g) the need to protect the cultural and heritage values held in relation to the Marine Park by traditional owners and other people;
(h) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;
(i) the likely effects of the proposed traditional use of marine resources on adjoining and adjacent areas;
(j) any existing agreements or arrangements between the Authority and the traditional owner group covered by the TUMRA;
(k) any legislation or government policy that applies to the proposed traditional use of marine resources;
(l) any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;
(m) any other matters relevant to the protection of the Marine Park.
Note for paragraph (e) For information about protected species, see regulation 29.
89G Accreditation of TUMRA
(1) Subject to subregulation (2), if:
(a) an individual has applied for accreditation of a TUMRA in accordance with this Part; and
(b) any requirement or request by the Authority about the application has been complied with;
the Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application.
Note Subsection 7 (3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.
(2) The Authority must decide whether or not to accredit the TUMRA within a reasonable period after receipt of the application.
(3) The Authority must not decide to accredit a TUMRA unless it has:
(a) made reasonable efforts to consult with a relevant representative Aboriginal and Torres Strait Islander body about whether each member of the traditional owner group covered by the TUMRA is a traditional owner in relation to the relevant part of the Marine Park covered by the TUMRA; and
(b) if it has been able to so consult, considered any advice from the relevant representative Aboriginal and Torres Strait Islander body; and
(c) made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.
(4) If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the holder a written notice setting out the reasons for the decision.
89H TUMRA has no effect unless accredited
(1) A TUMRA has no effect in the Marine Park unless it is accredited by the Authority.
(2) An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended but the period of the accreditation continues to run.
89I Conditions of accreditation
(1) The Authority may, on or after accreditation, impose conditions on the accreditation of a TUMRA.
(2) If the Authority imposes conditions after accreditation, it must give the holder of the accredited TUMRA a written notice setting out:
(a) the details of the conditions imposed; and
(b) the reasons for imposing the conditions; and
(c) the date from which the conditions take effect.
(3) Before imposing a condition under subregulation (2), the Authority must consult with the holder of the TUMRA.
(4) Any conditions imposed by the Authority must be appropriate to the attainment of the objects of the Act.
(5) A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.
89J Certificate of accreditation
(1) The Authority must, within 10 business days after making a decision to accredit a TUMRA, give the holder of the TUMRA:
(a) a copy of the accredited TUMRA; and
(b) a certificate of accreditation.
(2) The certificate of accreditation:
(a) must set out any conditions to which the accreditation is subject; and
(b) must specify the day on which the accreditation commences; and
(c) must specify the period of accreditation; and
(d) may include a condition that:
(i) allows the holder of the TUMRA to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and
(ii) specifies a maximum number of persons the holder may authorise under the condition.
89K Authorities under accreditation
(1) If a certificate of accreditation contains a condition of a kind mentioned in paragraph 89J (2) (d), the holder of the accredited TUMRA may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.
(2) Any authority given must be given in accordance with the management arrangements under the accredited TUMRA.
(3) The giving of the authority must not contravene a condition of the TUMRA’s accreditation.
(4) If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation:
(a) the accredited TUMRA is, for the purposes of these Regulations, taken to authorise the person to carry out the activity; and
(b) any conditions to which the accredited TUMRA is subject, being conditions that relate to the carrying out of that activity, apply to the carrying out of that activity by that person.
89L Accreditation to continue in force
(1) If:
(a) at any time before an accreditation of a TUMRA (the original accreditation) ceases to be in force, an application is made under regulation 89B for accreditation of a TUMRA that covers the same area as the accredited TUMRA; and
(b) the Authority has not made a decision on the application before the expiry of the original accreditation; and
(c) the application has not been withdrawn before the expiry of the original accreditation;
then the original accreditation remains in force until the first of the events mentioned in subregulation (2) occur.
(2) For subregulation (1), the events are as follows:
(a) the application is withdrawn under regulation 89C;
(b) the application is taken to have been withdrawn under subregulation 89E (4);
(c) the Authority makes a decision on the application under regulation 89G.
(3) If an accreditation remains in force under subregulation (1), any authority issued under the accredited TUMRA is also taken to remain in force.
Division 2B.3 Modification of TUMRA
89M Application to modify TUMRA or conditions of accreditation
(1) The holder of an accredited TUMRA may, on behalf of the traditional owner group covered by the TUMRA, apply to the Authority for the Authority to:
(a) approve a modification of the TUMRA; or
(b) modify a condition of the TUMRA’s accreditation.
(2) The application must:
(a) be in the form approved by the Authority; and
(b) provide details of the decision that the holder wants the Authority to make; and
(c) include, or be accompanied by, the information and documents required by the form; and
(d) be lodged at a place, or by a means, specified in the form.
(3) The Authority is not required to consider the application, or consider it further, if the application:
(a) is not in the approved form; or
(b) does not provide details of the decision that the holder wants the Authority to make; or
(c) does not include, or is not accompanied by, the information and documents required by the form; or
(d) is not lodged at a place, or by the means, specified in the form.
(4) If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (2), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:
(a) that the application is incomplete; and
(b) the matters that must be dealt with to complete the application.
(5) If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.
89N Additional information
(1) For the purpose of assessing an application under regulation 89M, the Authority may, in writing, request the holder of the TUMRA to give to the Authority specified additional information or a specified additional document.
(2) The holder must provide the additional information or document to the Authority within the period of 20 business days after the day the Authority gives the request to the holder.
(3) The Authority may, before the expiration of the period of 20 business days, extend the period by notice in writing given to the holder.
(4) The application is taken to have been withdrawn at the end of the period of 20 business days, or the longer period allowed by the Authority, as the case may be, if the holder does not provide the additional information or document.
89O Decision on application
(1) If:
(a) the holder has applied in accordance with regulation 89M; and
(b) any requirement or request by the Authority about the application has been complied with;
the Authority must make a decision on the application.
(2) The Authority must make a decision within a reasonable period after receipt of the application.
(3) Subject to subregulation (4), the Authority must not approve the application if:
(a) the Authority considers that the modification proposed in the application may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA; and
(b) the Authority has not made an assessment, or had an assessment made, of the impact that the proposed modification is likely to have on the Marine Park.
(4) After the Authority has made an assessment, or had an assessment made, the Authority may approve the application if, after considering the assessment and the matters mentioned in regulation 89F, the Authority is satisfied that it is appropriate to do so.
89P Notice of decision
(1) Within 10 business days of making a decision under subregulation 89O (1) to approve the application, the Authority:
(a) must give written notice of the decision to the holder of the TUMRA; and
(b) may, if the Authority considers it necessary or appropriate to do so, give the holder:
(i) a copy of the modified TUMRA as approved; and
(ii) a new certificate of accreditation that incorporates the effect of the decision.
(2) The notice under paragraph (1) (a) must specify the date from which the modified TUMRA, or the modified condition of accreditation, as the case may be, takes effect.
89Q Notice of refusal to modify TUMRA or conditions
If the Authority decides to refuse to approve an application made under regulation 89M, the Authority must, within 10 business days of making the decision, give the holder a written notice setting out the decision and the reasons for the decision.
Division 2B.4 Modification, suspension and revocation
89R Modification of conditions or suspension of accreditation — pending investigation
(1) The Authority may modify the conditions of accreditation of a TUMRA, or suspend the TUMRA’s accreditation for the purpose of conducting an investigation if the Authority has reason to believe that:
(a) a person authorised by or under the TUMRA to undertake a traditional use of marine resources has not complied with:
(i) the provisions of the TUMRA in relation to the use; or
(ii) a condition of the TUMRA’s accreditation; or
(b) damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.
(2) The Authority must notify the holder of the TUMRA of the modification or suspension by giving the holder a written notice.
(3) The notice must set out when the modification or suspension takes effect, which must not be earlier than the day the notice is given to the holder.
(4) The Authority must, as soon as practicable after notifying the holder, carry out the investigation.
(5) The Authority must complete its investigation within 20 business days after the day on which the modification or suspension commenced.
89S Action following investigation
(1) If, as a result of its investigation, the Authority does not find reasonable grounds for its belief under subregulation 89R (1), it must immediately revoke the modification or suspension and, as soon as practicable after doing so, notify the holder in writing that it has removed the modification or suspension, as the case may be.
(2) If, as a result of its investigation, the Authority finds reasonable grounds for its belief under subregulation 89R (1) it may, no later than 10 business days after completing its investigation, continue the modification or suspension by written notice given to the holder.
(3) The notice must include:
(a) the reasons for continuing the modification or suspension, as the case may be; and
(b) the period for which the suspension is to remain in force.
(4) If the Authority does not continue the modification or suspension within a period of 10 business days after completing its investigation, the modification or suspension, as the case may be, ceases to have effect at the end of that period.
89T Suspension or revocation of accreditation — general
(1) The Authority may, by written notice given to the holder of an accredited TUMRA, suspend or revoke the accreditation of the TUMRA if:
(a) the holder of the accredited TUMRA, on behalf of the traditional owner group covered by the TUMRA, consents to the suspension or revocation; or
(b) the Authority is satisfied on reasonable grounds that a person authorised by or under the TUMRA to undertake a traditional use of marine resources has not complied with:
(i) the provisions of the TUMRA in relation to the use; or
(ii) a condition of the TUMRA’s accreditation; or
(c) the Authority has reasonable grounds for believing that if the application for accreditation of the TUMRA was being considered again, the accreditation would not have been granted because of circumstances that were not foreseen at the time the accreditation was first granted; or
(d) the holder of the accredited TUMRA, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.
(2) The suspension or revocation takes effect:
(a) on the day the Authority notifies the holder under subregulation (1) of the suspension or revocation, as the case may be; or
(b) if a later day is specified in the notice — on that later day.
(3) Before taking action to suspend or revoke the accreditation of the TUMRA on a ground mentioned in paragraphs (1) (b) to (d), the Authority must:
(a) notify the holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending or revoking the accreditation of the TUMRA; and
(b) allow the holder 10 business days from the day the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be suspended or revoked.
(4) In deciding whether to suspend or revoke the TUMRA’s accreditation the Authority must consider any reasons provided by the holder in response to a notice under subregulation (3).
Division 2B.5 Termination of accredited TUMRA
89U Termination of accredited TUMRA
(1) The holder of an accredited TUMRA may, on behalf of the traditional owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.
(2) If the holder terminates an accredited TUMRA in accordance with subregulation (1), the accreditation of the TUMRA ceases to have effect:
(a) on the day the notice is given; or
(b) if a later date is specified in the notice — on that later date.
[62] Part 3
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[63] Regulation 93B, definition of discharge
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[64] Regulation 93B, definitions of Grade A treated sewage, Grade B treated sewage and Grade C treated sewage
substitute
Grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 7 to the Transport Operations (Marine Pollution) Regulation 2008 of Queensland.
Note The standards for Grade A treated sewage are the implementation of Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.
Grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 7 to the Transport Operations (Marine Pollution) Regulation 2008 of Queensland.
Grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 7 to the Transport Operations (Marine Pollution) Regulation 2008 of Queensland.
Note The standards are:
For Grade A treated sewage
Thermotolerant coliforms — the relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 250 thermotolerant coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.
Suspended solids — the relevant level of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50 mg/L above the suspended solids content of ambient water used for flushing purposes.
Biochemical oxygen demand — the relevant level of the 5 day biochemical oxygen demand of the samples of treated sewage taken during the test period must not be more than 50 mg/L.
For Grade B treated sewage
Thermotolerant coliforms — the relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 150 thermotolerant coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.
Suspended solids — the relevant level of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50 mg/L above the suspended solids content of ambient water used for flushing purposes.
For Grade C treated sewage
Thermotolerant coliforms — the relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 150 thermotolerant coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.
[65] After regulation 93F
insert
93G Discharge in prescribed circumstances
For subsection 38DD (6) of the Act, the circumstances set out in regulations 93D and 93E are prescribed.
[66] Regulation 94
substitute
94 Removal of property
(1) The Authority may, in writing, order a responsible person:
(a) to remove property from the Marine Park if the property has been abandoned, sunk or wrecked; or
(b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or
(c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or
(d) to remove property from the Marine Park that may cause damage to the Marine Park.
(2) The order must be served on the responsible person personally or by prepaid mail.
(3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subregulation (4):
(a) on its website; and
(b) in a daily newspaper that is circulated in the State of Queensland.
(4) The notice must:
(a) describe the property; and
(b) identify, as appropriate:
(i) the place where the property is located (as accurately as practicable); or
(ii) the person from whom the property can be recovered; and
(c) order the responsible person:
(i) to remove the property from the Marine Park within a reasonable period specified in the order; or
(ii) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and
(d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.
(5) In this regulation, responsible person means:
(a) the person who last held a permission under Part 2A for an activity that involves the property; or
(b) the owner of the property; or
(c) the person who has control of the property; or
(d) the person who caused the property to be in the Marine Park.
(6) An order under subregulation (1) or paragraph (4) (c) is declared to be an order to which section 38DC of the Act applies.
[67] Regulations 96 to 99
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[68] Subregulation 101A (2)
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relevant
[69] Regulations 104 to 113
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[70] After regulation 113
insert
Part 4AA Register
[71] Regulation 114, heading
substitute
114 Register
[72] Paragraphs 114 (3) (a) and (c)
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transfer or variation
insert
transfer or modification
[73] Subregulation 116 (1)
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subregulation (2)
insert
regulation 133A
[74] Subregulation 116 (2)
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[75] Regulation 117
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[76] Regulation 117JA, heading
substitute
117JA Conducting swimming-with-whales activities without permission
[77] Subregulation 117JA (1)
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relevant
[78] Regulations 117K and 117L
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relevant
[79] Regulation 117M
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[80] Regulation 125
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[81] Subregulation 126 (1)
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paragraph 125 (1) (d)
insert
paragraph 88ZS (1) (d)
[82] Subregulation 127 (1), definition of permission
omit
means a permission to which section 38B, 38F or 38J of the Act, or regulation 95 applies, but
[83] Subregulation 128 (1)
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under regulation 117 in respect of an application
insert
of an application under Part 2A
[84] Subregulation 128 (3), definition of public environment report
substitute
public environment report, in relation to an activity, means any of the following kinds of reports about the impact the activity is likely to have on the Marine Park or the Great Barrier Reef:
(a) a public environment report in accordance with Division 5 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999;
(b) a report:
(i) that has been prepared under a law of Queensland for the purposes of an accredited assessment process mentioned in subsection 87 (4) of the Environment Protection and Biodiversity Conservation Act 1999; and
(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a report mentioned in paragraph (a);
(c) a report:
(i) that has been prepared for the purposes of a bilateral agreement under Part 5 of the Environment Protection and Biodiversity Conservation Act 1999 between the Commonwealth and Queensland; and
(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a report mentioned in paragraph (a).
[85] Subregulation 128 (4), definition of environmental impact statement
substitute
environmental impact statement, in relation to an activity, means any of the following kinds of statements or assessments about the impact the activity is likely to have on the Marine Park or the Great Barrier Reef:
(a) an environmental impact statement in accordance with Division 6 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999;
(b) a statement or an assessment:
(i) that has been prepared under a law of Queensland for the purposes of an accredited assessment process mentioned in subsection 87 (4) of the Environment Protection and Biodiversity Conservation Act 1999; and
(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a statement mentioned in paragraph (a);
(c) a statement or an assessment:
(i) that has been prepared for the purposes of a bilateral agreement under Part 5 of the Environment Protection and Biodiversity Conservation Act 1999 between the Commonwealth and Queensland; and
(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a statement mentioned in paragraph (a).
[86] Regulation 128, Table 128, item 3
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under regulation 75, 91 or 97
[87] Regulation 128, table 128, after item 3
insert
3A
Activity that requires:
(a) an assessment on referral information under Division 3A of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999; or
(b) an assessment on preliminary documentation under Division 4 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999
6 040
2 260
[88] Regulation 130
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regulation 117
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Part 2A
[89] After regulation 133
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133A Fees in relation to register
The following fees are payable to the Authority in relation to the register:
(a) a fee of $10 for each request for a copy of a document or information that is in the register; and
(b) a fee of 50 cents for each page that is copied for the purpose of a request mentioned in paragraph (a).
133B Reinstatement fee
For paragraph 88ZT (3) (b), the reinstatement fee payable to the Authority is $120.
[90] Regulation 134, Table 134, item 1
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regulation 106
insert
regulation 88ZG
[91] Regulation 134, Table 134, item 2
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to which regulation 77, 93 or 99 applies
[92] Regulation 134, Table 134, item 3
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relevant
[93] Regulation 134, Table 134, item 3A
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Division 2.5
insert
special
[94] Regulation 134, Table 134, item 4
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125 (1) (d)
insert
88ZS (1) (d)
[95] Regulation 134, Table 134, item 7
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regulation 117
insert
Part 2A
[96] Subregulation 134 (3A)
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Division 2.5
insert
special
[97] Subregulation 137 (2), note
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[98] Regulation 158, heading
substitute
158 Lady Elliot Island charges
[99] Subregulation 158 (1)
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Elliott
insert
Elliot
[100] Subregulation 164 (2)
substitute
(2) For the purposes of subregulation (1), a permission to which subregulation 88ZC (1) applies is taken not to have ceased to be in force unless, and until, the application for the permission is taken to be withdrawn under Part 2A, lapses under regulation 132 or is refused.
[101] Regulation 167
substitute
167 Returns
(1) Subject to subregulation (2), the holder of a chargeable permission referred to in this Part must give the Authority, in each April, July, October and January, in relation to the preceding quarter:
(a) a charge return, in a form approved by the Authority; and
(b) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information.
Penalty: 50 penalty units.
(2) Subregulation (1) does not apply to the holder of a permission referred to in regulation 159.
(3) The holder of a chargeable permission referred to in regulation 159 must give the Authority a return, in a form approved by the Authority, in April, July, October and January in relation to the exercise of the permission in the preceding quarter, that sets out:
(a) the total volume of sewage generated during the quarter; and
(b) the total volume of sewage discharged at the land‑based outfall during the quarter; and
(c) the information determined by the laboratory referred to in subregulation 159 (2) that discloses the level of treatment the sewage has received before discharge.
Penalty: 50 penalty units.
[102] Subregulation 174 (3)
omit
relevant
[103] Subregulation 178 (3)
omit
relevant
[104] Subregulation 183 (1)
substitute
(1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:
(a) a decision under Part 2A on an application (including a referral mentioned in subsection 37AB (1) of the Act that is taken to be an application for a permission made in accordance with these Regulations) for the grant of a permission;
(b) a decision under Part 2A to suspend or revoke a permission;
(c) a decision under Part 2A to modify a condition of a permission;
(d) a decision under Part 2A on an application for approval to transfer a permission;
(e) a decision under Part 2A to impose a condition on a permission;
(f) any of the following decisions under Part 2B:
(i) a decision on an application for accreditation of a TUMRA;
(ii) a decision on an application to modify an accredited TUMRA or to modify a condition of the TUMRA’s accreditation;
(iii) a decision to suspend or revoke the accreditation of an accredited TUMRA;
(iv) a decision to modify a condition of accreditation of an accredited TUMRA;
(v) a decision to impose a condition on the accreditation of an accredited TUMRA;
(g) a decision under subregulation 117K (1) on an application for an exemption from a provision, or provisions, of Part 4A.
(1A) Subregulation (1) does not apply to a decision of the Authority under Part 2A to grant or refuse a permission to camp on a Commonwealth island.
[105] Paragraph 184 (1) (a)
omit
(f), (g) or (i)
insert
(f) or (g)
[106] Paragraph 185 (1) (aa)
omit
subregulation 74A (2)
insert
subregulation 88H (2)
[107] Paragraphs 185 (1) (a) and (b)
substitute
(a) a decision mentioned in paragraph 183 (1) (a), other than a decision in relation to:
(i) an application for a permission to use or enter the Mission Beach Leader Prawn Broodstock Capture Area for the purpose of collecting leader prawn broodstock for aquaculture operations; or
(ii) an application for a permission to conduct a tourist program that includes, as part of the program, swimming‑with‑whales activities in the Cairns Planning Area; or
(iii) an application for a permission to camp on a Commonwealth island; or
(iv) a referral mentioned in subsection 37AB (1) of the Act that is taken to be an application for a permission made in accordance with these Regulations; or
(b) a decision mentioned in paragraph 183 (1) (b), (c), (e) or (f), except to the extent that it relates to a permission granted in respect of an application mentioned in subparagraph (a) (iii) or (iv);
[108] Subregulations 185 (3) and (4)
omit
relevant
[109] Subregulation 185 (6)
omit
chargeable
[110] Subparagraph 185 (8) (c) (iii)
omit
in the Gazette
insert
on the Authority’s website
[111] Subregulation 186 (1)
omit
40 days
insert
30 business days
[112] After regulation 187
insert
187A Reconsideration of reviewable decisions
(1) For subsection 64 (5) of the Act, this regulation prescribes:
(a) the time limits for making requests under section 64 of the Act; and
(b) the matters to be included in requests under section 64 of the Act; and
(c) the time limits for reconsidering decisions under section 64 of the Act; and
(d) when a decision on reconsideration takes effect.
(2) For paragraph 64 (5) (a) of the Act, a person must request a reconsideration of a reviewable decision:
(a) if the reviewable decision is a decision mentioned in paragraph 64 (3) (a) of the Act — within 15 business days after the decision is published on the Authority’s website; or
(b) if the reviewable decision is a decision mentioned in paragraph 64 (3) (b) of the Act — within 15 business days after a copy of the direction is given to the person; or
(c) if the reviewable decision is a decision mentioned in paragraph 64 (3) (c) or (d) of the Act — within 15 business days after the decision is made.
(3) For paragraph 64 (5) (b) of the Act, the request must set out the reasons why the Minister or the Authority (whichever is applicable) should reconsider the decision.
(4) For paragraph 64 (5) (c) of the Act:
(a) if a request for reconsideration of a reviewable decision is given to the Minister under subsection 64 (1) of the Act — the Minister must reconsider the reviewable decision within 20 business days after receiving the request; and
(b) if a request for reconsideration of a reviewable decision is given to the Authority under subsection 64 (2) of the Act — the Authority must reconsider the reviewable decision within 20 business days after receiving the request.
(5) For paragraph 64 (5) (d) of the Act, a decision on reconsideration takes effect:
(a) if the reconsidered decision is in relation to a decision mentioned in paragraph 64 (3) (a) of the Act — when the Authority publishes its decision on reconsideration on the Authority’s website; or
(b) if the reconsidered decision is in relation to a decision mentioned in paragraph 64 (3) (b) of the Act — when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or
(c) if the reconsidered decision is in relation to a decision mentioned in paragraph 64 (3) (c) or (d) of the Act — when the Minister or Authority, as the case may be, gives the person requesting the reconsideration written notice of the decision.
[113] After Part 13
insert
Part 13A Inspector powers
187B Power of inspector to give directions
(1) For the purpose of ensuring that the Act and these Regulations are complied with, an inspector may, subject to this regulation, give reasonable directions to any person:
(a) who is within the Marine Park; or
(b) who is outside the Marine Park and the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.
(2) A direction may be given orally, in writing, by radio or by any other appropriate means of communication.
(3) The inspector must identify himself or herself when giving the direction and must produce his or her identity card at the first practicable opportunity to the person to whom the direction is given.
Note Identity cards are issued to inspectors under section 45 of the Act.
(4) A person commits an offence if:
(a) the person is a person mentioned in paragraph (1) (a) or (b); and
(b) the person is given a direction under subregulation (1); and
(c) the person fails to comply with the direction.
Penalty: 50 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
187C General powers of inspectors
(1) An inspector may:
(a) require any person in the Marine Park whom the inspector finds committing, or reasonably suspects of having committed, an offence against the Act or these Regulations to leave the Marine Park or the zone or location within the Marine Park where the person is found; and
(b) require any person whom he or she reasonably suspects of having done an act in respect of which the person is required to hold a permission, permit or other authority under the Act, these Regulations or a zoning plan to produce such a permission, permit or authority or evidence of such a permission, permit or authority.
(2) For paragraph (1) (a), the inspector may require the person to leave the Marine Park, or the zone or location within the Marine Park where the person is found, for a specified period that is reasonable in all of the circumstances.
(3) A person commits an offence if:
(a) a requirement is made of the person under this regulation; and
(b) the person fails to comply with the requirement.
Penalty: 50 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
[114] Regulation 189, Table 189, after item 1B
insert
1C
subregulation 88ZW (1) (Requirement to produce permission for inspection)
1
1D
subregulation 88ZX (1) (Notification of change in beneficial ownership)
10
[115] Regulation 189, Table 189, after item 4
insert
4A
subregulation 117D (5) (Prohibited vessel)
10
4B
subregulation 117E (2), (3), (4) or (5) (Other craft — adult cetaceans)
10
4C
subregulation 117F (2) or (3) (Other craft — calves)
10
4D
subregulation 117G (2) (Aircraft)
10
4E
subregulation 117H (1) (Feeding)
10
4F
subregulation 117I (1) (Touching and sudden movements)
10
4G
subregulation 117J (2), (3) or (4) (Swimming with cetaceans)
10
4H
subregulation 117JA (1) (Conducting swimming-with-whales activities without permission)
10
4I
subregulation 117JB (1) or (2) (Protection of whales in whale protection area)
10
[116] Regulation 189, Table 189, after item 7
insert
7A
subregulation 167 (1) or (3) (Returns)
2
[117] Regulation 189, Table 189, after item 10
insert
10A
subregulation 187B (4) (Power of inspector to give directions)
10
10B
subregulation 187C (3) (General powers of inspectors)
10
[118] Regulation 189, after Table 189
insert
(3) An offence against subsection 38BA (3) or 38EA (4) of the Act is an infringement notice offence.
(4) The infringement notice penalty for an offence against subsection 38BA (3) of the Act is 12 penalty units, and the infringement notice penalty for an offence against subsection 38EA (4) of the Act is 4 penalty units.
[119] Regulation 206
omit everything after
prescribed:
insert
Identity Card
The person whose name, signature and photograph appear on this card is an inspector under the Great Barrier Reef Marine Park Act 1975 and the Environment Protection and Biodiversity Conservation Act 1999.
(affix photograph)
Name:
Identification No:
Dated:
Signature
Issuing officer:
Great Barrier Reef Marine Park Authority
[120] Schedule 1, item 32
omit
Elliott
insert
Elliot
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.
