Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 1)1 Select Legislative Instrument 2005 No. 155
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier Reef Marine Park Act 1975. Dated 7 July 2005 P. M. JEFFERY Governor-General By His Excellency’s Command IAN CAMPBELL Minister for the Environment and Heritage
1              Name of Regulations                 These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 1). 2              Commencement                 These Regulations commence on the day after they are registered. 3              Amendment of Great Barrier Reef Marine Park Regulations 1983                 Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.
Schedule 1        Amendments (regulation 3)    [1]           Subregulation 3 (2A) omit at the commencement of this subregulation. insert on 2 December 2004. [2]           Paragraph 3 (7) (a) substitute                 (a)    a commercial ship registered under the Transport Operations (Marine Safety) Regulation 2004 of Queensland as a class 1F ship; and [3]           Regulation 7 substitute 7              Accreditation of educational or research institutions          (1)   The Authority may, by notice in the Gazette, accredit an educational or research institution to conduct any 1 or more of the following:                 (a)    limited impact research (extractive);                (b)    limited impact research (non-extractive);                 (c)    a limited educational program; if it is satisfied that the institution:                (d)    has adopted appropriate environmental practices and standards (including instruction and training of personnel); and                 (e)    has an ongoing commitment to improve those practices and standards; relating to research or education undertaken in the Marine Park by the institution or on its behalf. Note   For the meaning of limited educational program, see the Dictionary to the Zoning Plan. For the meaning of limited impact research (extractive) and limited impact research (non-extractive), see that Dictionary and regulations 19 and 20.          (2)   The Authority may revoke an accreditation by notice in the Gazette if:                 (a)    it is satisfied that the institution:                           (i)    has ceased to hold the practices and standards mentioned in paragraph (1) (d); or                          (ii)    no longer has the commitment mentioned in paragraph (1) (e); or                (b)    it is satisfied that:                           (i)    damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or                          (ii)    there is an imminent threat that such damage, degradation or disruption will occur.          (3)   Subject to subregulation (4), an institution accredited under subregulation (1), as in force immediately before this subregulation commences, continues to be accredited to conduct limited impact research (extractive) and limited impact research (non-extractive).          (4)   Subregulation (3) does not affect the Authority’s power to revoke the accreditation of such an institution. [4]           Subparagraph 15 (2) (a) (i) substitute                           (i)    an animal or plant of a protected species is not to be taken or possessed otherwise than in accordance with subparagraph 5.3 (b) (ii) or paragraph 5.3 (c) of the Zoning Plan; [5]           Regulation 15, Table 15, item 1 substitute
1
Classes Anthozoa and Hydrozoa (all species)
Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals
[6]           Regulation 15, Table 15, item 4 omit [7]           Paragraph 17 (2) (e) substitute                 (e)    a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of 1 hook being threaded through the eye of another, or joined by a swivel or wire) with at least 1 of the other hooks in the set, used to attach 1 piece of bait and intended to catch only 1 fish; [8]           Regulation 18 omit plant of a species mentioned or referred to in Part 1 or 2 of Table 15, insert plant, [9]           Paragraph 19 (3) (l) omit and Queensland [10]         Paragraph 19 (4) (j) omit loggers. insert loggers; [11]         After paragraph 19 (4) (j) insert                (k)    non-fixed transect tapes and quadrats, but only if such tapes or quadrats are attended at all times. [12]         Regulation 19, Table 19-1, item 33 substitute
33
Classes Anthozoa and Hydrozoa (all species)
All corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals
[13]         After subregulation 20 (2), including the note insert          (3)   For subparagraph (2) (a) (i), a visual survey may include the use of non-fixed transect tapes or quadrats, but only if such tapes or quadrats are attended at all times. [14]         Subparagraph 25 (c) (ii) substitute                          (ii)    a personal watercraft (within the meaning given by the Transport Operations (Marine Safety) Regulation 2004 of Queensland) is used; [15]         After regulation 35 insert 35A         Trolling — prescribed limitation                 For the definition of trolling in the Zoning Plan, the limitation is prescribed that a vessel is taken to be under way only if it is being propelled through the water in a forward direction (whether by engine, sail or human power) and is not adrift. [16]         Regulation 54 after Raine Island Reef insert (11-243) [17]         Subregulation 57 (1) omit Parts 1 to 8 insert Parts 1 to 8A [18]         Regulation 57, Table 57, after Part 8 insert Table 57 Part 8A   Cape Upstart (CP-19-4064) Public Appreciation SMA                 The area bounded by a line commencing at 19° 42.403' S, 147° 44.344' E then running progressively:
1
east along the parallel to its intersection with the mainland coastline at mean low water (at or about 19° 42.403' S, 147° 45.155' E);
2
along the mainland coastline at mean low water to its intersection with the parallel 19° 49.578' S (at or about 19° 49.578' S, 147° 46.321' E);
3
west along the parallel to its intersection with longitude 147° 44.344' E;
4
north along the meridian to its intersection with latitude 19° 45.099' S;
5
north along the meridian to the point of commencement.
[19]         Regulation 57, Table 57, Part 9, item 8 omit [20]         Subregulations 67 (4) to (6) substitute          (4)   The Authority must, as soon as practicable, publish a notice of the designation in 1 or more of the following ways:                 (a)    in a newspaper that circulates generally in Queensland;                (b)    in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;                 (c)    on the Authority’s website.          (5)   A notice referred to in subregulation (4) must also state that it is an offence to fail to comply with the special management provisions that apply to the area.          (6)   The designation takes effect from the date it is registered on the Federal Register of Legislative Instruments, or a later date specified in it. Note   A designation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. All legislative instruments are registered on the Federal Register of Legislative Instruments kept under that Act. See www.frli.gov.au. [21]         Paragraph 90 (a) omit inhabitants insert owners
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.