GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105, 1988
GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - TABLE OF PROVISIONS
TABLE OF PROVISIONSSection 1. Short title etc. 2. Commencement 3. Interpretation 4. Operation of Act 5. Functions of Authority 6. Insertion of new section: 7A. Provision of assistance to other institutions and persons 7. Remuneration and allowances of members of Authority 8. Termination of appointment of members of Authority 9. Insertion of new section: 16A. Disclosure of interests of members 10. Remuneration and allowances of members of Committee 11. Termination of appointment of members of Committee 12. Insertion of new section: 27A. Disclosure of interests of members 13. Zoning plans 14. Insertion of new sections: 38A. Zones to be used only for permitted purposes 38B. Permission requirements to be observed-zoned area 38C. Contravening conditions of permission or authority-zoned area 38D. Notification requirements to be observed-zoned area 38E. Contravening directions-zoned area 38F. Certain activities prohibited in the unzoned area 38G. Contravening conditions of permission or authority-unzoned area 38H. Removal of property 38J. Offence relating to the discharge of waste 38K. Offences involving the use of vessels or aircraft 38M. Prosecution of offences 38N. Injunctions 15. Staff of Authority 16. Arrest without warrant 17. Insertion of new section: 46A. Searches of arrested persons 18. Confiscation and forfeiture 19. General powers of inspectors 20. Insertion of new section: 48A. Limitation on exercise of powers-location 21. Assaulting etc. inspector 22. Repeal of section 50 23. Insertion of new section: 53A. Investment of money 24. Repeal of section 55 and substitution of new section: 55. Application of Division 3 of Part XI of the Audit Act 1901 25. Repeal of sections 57, 58 and 60 26. Insertion of new sections: 61A. Restoration of environment etc. 61B. Liability for expenses incurred by the Commonwealth or the Authority resulting from contravention of this Act 61C. Enforcement of orders for payment 27. Jurisdiction of courts 28. Repeal of section 64 and substitution of new section: 64. Conduct of directors, servants and agents 29. Regulations 30. Amendments relating to special zones 31. Transitional 32. Transitional-regulations relating to transferred offences SCHEDULE AMENDMENTS RELATING TO SPECIAL ZONES GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - LONG TITLE
An Act to amend the Great Barrier Reef Marine Park Act 1975, and for related purposes GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 1 Short title etc.
(Assented to 6 December 1988) 1. (1) This Act may be cited as the Great Barrier Reef Marine Park Amendment Act 1988. (2) In this Act, "Principal Act" means the Great Barrier Reef Marine Park Act 1975*1*.
(Minister's second reading speech made in- Senate on 1 September 1988
Back to Top
House of Representatives on 28 November 1988) *1* No. 85, 1975, as amended. For previous amendments, see Nos. 36 and 140, 1978; No. 155, 1979; No. 70, 1980; No. 80, 1982; No. 97, 1983; No. 65, 1984; and Nos. 65, 166 and 193, 1985. GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 2 Commencement
2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Section 14, paragraph 29 (e) and section 32 commence on a day to be fixed by Proclamation. GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 3 Interpretation
3. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions: " 'environmental management' means: (a) environmental management; (b) natural resource management; (c) park management (including aquarium management and zoo management); or (d) any similar matter; 'farming facility' means a facility for the farming of marine resources; 'landing area' means an area for the landing of aircraft; 'mitigate', in relation to damage, includes prevent further damage; 'unzoned area' means that part (if any) of the Marine Park in respect of which no zoning plan is in force;". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 4 Operation of Act
4. Section 4 of the Principal Act is amended: (a) by omitting from subsection (1) "or of any State" and substituting ", of each of the States, of the Northern Territory and of Norfolk Island"; (b) by inserting after subsection (1) the following subsection: "(1A) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Northern Territory or of Norfolk Island liable to be prosecuted for an offence.". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 5 Functions of Authority
5. Section 7 of the Principal Act is amended: (a) by omitting "and" from the end of paragraph (1) (d); (b) by inserting after paragraph (1) (d) the following paragraph: "(da) to provide assistance to other institutions and persons in accordance with section 7A; and"; (c) by omitting from subsection (3) "section 60" and substituting "section 63M of the Audit Act 1901"; (d) by inserting in subsection (3) "of this section" after "subsection (2)". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 6
6. After section 7 of the Principal Act the following section is inserted: Provision of assistance to other institutions and persons "7A. (1) Subject to this section, the Authority may, at the request of another institution or person, provide assistance to the institution or person in matters relating to environmental management. "(2) The assistance may be provided by the Authority acting by itself or in co-operation with other institutions and persons.
"(3) Without limiting the generality of the assistance that may be provided, the assistance may take any of the following forms: (a) the carrying out of research or investigations; (b) the provision of educational, advisory or informational services; (c) the making available of facilities. "(4) The Authority shall not perform a function that the Authority has only because of this section unless the Minister has approved, in writing, the provision of the assistance concerned.
"(5) The Minister shall not give an approval under subsection (4) unless the Minister is satisfied that the provision of the assistance concerned is not likely to affect adversely the performance of the functions of the Authority conferred by other provisions of this Act.
"(6) An approval under subsection (4) may be given subject to conditions or restrictions set out in the instrument of approval (including conditions requiring the charging of fees).
"(7) Nothing in this section limits the functions that may be conferred on the Authority by the regulations.". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 7 Remuneration and allowances of members of Authority
7. Section 12 of the Principal Act is amended by omitting from subsection (3) "1973-1974" and substituting "1973". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 8 Termination of appointment of members of Authority
8. Section 16 of the Principal Act is amended: (a) by omitting paragraph (2) (e) and substituting the following paragraph:
Back to Top
"(e) fails, without reasonable excuse, to comply with the member's obligations under section 16A;"; (b) by omitting subsections (3) and (4). GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 9
9. After section 16 of the Principal Act the following section is inserted: Disclosure of interests of members "16A. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority shall, as soon as practicable after the relevant facts have come to the knowledge of the member, disclose the nature of the member's interest at a meeting of the Authority. "(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority and the member shall not, unless the Minister otherwise determines: (a) be present during any deliberation of the Authority with respect to that matter; or (b) take part in any decision of the Authority with respect to that matter. "(3) The Chairman shall give written notice to the Minister of all direct and indirect pecuniary interests that the Chairman has or may have in any business or in any body corporate carrying on a business.
"(4) This section applies in relation to a person acting as Chairman or as a part-time member.". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 10 Remuneration and allowances of members of Committee
10. Section 24 of the Principal Act is amended by omitting from subsection (3) "1973-1974" and substituting "1973". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 11 Termination of appointment of members of Committee
11. Section 27 of the Principal Act is amended: (a) by omitting from subsections (3A) and (4) "to comply with his obligations under subsection (5)" and substituting ", without reasonable excuse, to comply with the member's obligations under section 27A"; (b) by omitting subsection (5). GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 12
12. After section 27 of the Principal Act the following section is inserted: Disclosure of interests of members "27A. (1) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee shall, as soon as practicable after the relevant facts have come to the knowledge of the member, disclose the nature of the member's interest at a meeting of the Committee. "(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Committee and the member shall not, unless the Minister otherwise determines: (a) be present during any deliberation of the Committee with respect to that matter; or (b) take part in any decision of the Committee with respect to that matter.". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 13 Zoning plans
13. Section 32 of the Principal Act is amended by inserting after subsection (7) the following subsection: "(7A) Nothing in this Act shall be taken as implying that the responsible agency within the meaning of a plan must be an agency other than the Authority.". GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 14
14. After section 38 of the Principal Act the following sections are inserted:
Zones to be used only for permitted purposes "38A. A person shall not use or enter a zone for a purpose other than a purpose that is permitted under the zoning plan that relates to that zone. Penalty: (a) if the offender is a natural person-$10,000; or (b) if the offender is a body corporate-$50,000. Permission requirements to be observed-zoned area "38B. (1) Where, under a zoning plan, a zone may not be used or entered for a particular purpose except with the permission of: (a) the responsible agency within the meaning of the plan; or (b) the Authority; a person shall not use or enter the zone for that purpose unless: (c) the use or entry is authorised by a permission granted to the person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; or (d) the use or entry is authorised by an authority given to the person in accordance with a condition to which such a permission is subject. Penalty: (e) if the offender is a natural person-$10,000; or (f) if the offender is a body corporate-$50,000. "(2) Subsection (1) does not apply in such circumstances as are prescribed, being circumstances relating to:
Back to Top
(a) conduct engaged in during: (i) the period of 120 days after the day on which the zoning plan concerned comes into operation; or (ii) the period of 120 days after the day on which an amendment of the zoning plan concerned comes into operation; or (b) conduct engaged in by a person after the end of that period where the person applied for permission of a kind referred to in subsection (1) during that period. Contravening conditions of permission or authority-zoned area "38C. Where a permission or authority referred to in section 38B is subject to conditions, a person to whom those conditions apply shall not contravene those conditions. Penalty: (a) if the offender is a natural person-$10,000; or (b) if the offender is a body corporate-$50,000. Notification requirements to be observed-zoned area "38D. Where, under a zoning plan, a zone may not be used or entered for a particular purpose except after notification to: (a) the responsible agency within the meaning of the plan; or (b) the Authority; a person shall not use or enter the zone for that purpose unless the person has notified the Authority that the person proposes to use or enter the zone for that purpose. Penalty: (c) if the offender is a natural person-$10,000; or (d) if the offender is a body corporate-$50,000. Contravening directions-zoned area "38E. A person shall not contravene a direction given to the person by the Authority under the regulations, being a direction: (a) that is declared by the regulations to be a direction to which this section applies; (b) that is in respect of the person's use of, or entry to, a zone; (c) that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and (d) that does not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park. Penalty: (e) if the offender is a natural person-$10,000; or (f) if the offender is a body corporate-$50,000. Certain activities prohibited in the unzoned area "38F. (1) A person shall not carry on any of the following activities in the unzoned area: (a) the building, assembling or fixing in position of: (i) buildings or similar structures; (ii) pontoons or other floating structures; (iii) walkways, mooring facilities or similar structures; or (iv) devices for catching marine animals; (b) the operating in the one vicinity for more than: (i) 14 consecutive days; or (ii) 30 days in any period of 60 days; of vessels with provision for more than 8 sleeping berths; (c) the carrying out of reclamation works, beach protection works, road building works or any other works; (d) the construction of landing areas; (e) the construction of farming facilities; (f) the conduct of operations in or upon, or the maintenance of: (i) buildings or similar structures; (ii) pontoons or other floating structures; or (iii) walkways, mooring facilities or similar structures; (g) the maintenance of any device for catching marine animals; (h) the demolition or removal of any: (i) buildings or similar structures; (ii) pontoons or other floating structures; or