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Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 2)

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Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 2)1 Select Legislative Instrument 2005 No. 252
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 10 November 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. 2). 2              Commencement                 These Regulations commence as follows:                 (a)    on the day after they are registered — regulations 1 to 3 and Schedule 1;                (b)    on 1 January 2006 — Schedule 2. 3              Amendment of Great Barrier Reef Marine Park Regulations 1983                 Schedules 1 and 2 amend the Great Barrier Reef Marine Park Regulations 1983.

Schedule 1        Amendments commencing on day after registration (regulation 3)    [1]           Subregulations 3 (2) and (2A) substitute          (2)   In these Regulations, a reference to the Whitsundays Plan of Management 1998 is a reference to that Plan as in force on and after the commencement of subregulation 177 (2).       (2A)   In these Regulations, a reference to the Cairns Area Plan of Management 1998 is a reference to that Plan as in force on and after the commencement of subregulation 173 (4). [2]           Paragraph 173 (3) (a) omit on the day on which this subregulation commences; insert on 2 December 2004; [3]           After subregulation 173 (3) insert          (4)   For subsection 39ZF (2) of the Act:                 (a)    enforcement provisions inserted in the Plan by Cairns Area Plan of Management Amendment 2005 (No. 1) take effect on the day on which this subregulation commences; and                (b)    enforcement provisions in the Plan amended by Cairns Area Plan of Management Amendment 2005 (No. 1) take effect as so amended on that day. [4]           Regulation 177 substitute
177         Date of effect of enforcement provisions of Plan          (1)   Part 2 of the Plan, as amended by the Whitsundays Plan of Management Amendment 2002 (No. 1), takes effect on 7 June 2002.          (2)   For subsection 39ZF (2) of the Act:                 (a)    enforcement provisions inserted in the Plan by Whitsundays Plan of Management Amendment 2005 (No. 1) take effect on the day on which this subregulation commences; and                (b)    enforcement provisions in the Plan amended by Whitsundays Plan of Management Amendment 2005 (No. 1) take effect as so amended on that day.
Schedule 2        Amendments commencing on 1 January 2006 (regulation 3) [1]           Subregulation 3 (1), after definition of Holders insert permitted mooring means a mooring, other than a mooring installed by, or for, the Authority, for which the Authority has granted a relevant permission. [2]           After regulation 101 insert
101A       Mooring buoy must display mooring reference number          (1)   In this regulation: mooring reference number means, for a permitted mooring:                 (a)    the unique number, or alphanumeric code, issued by the Authority in relation to the permitted mooring for display on the mooring buoy; or                (b)    if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2004 of Queensland — the unique identifying number for the buoy mooring mentioned in paragraph 213 (a) of that Regulation.          (2)   The holder of the relevant permission for a permitted mooring is guilty of an offence if the mooring reference number is not permanently and legibly displayed on the mooring buoy. Penalty:   15 penalty units.          (3)   An offence against subregulation (2) is an offence of strict liability. [3]           Part 14, Table 189, after item 3 insert
3A
subregulation 101A (2) (Mooring buoy must display mooring reference number)
3
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.