PART 1
DIVISION 1 — PRELIMINARY
1.1 CITATION
This Plan may be cited as the Cairns Area Plan of Management.
This Plan (except Part 2) commences on gazettal. See Act, subsection 39ZF(1).
Part 2 of this Plan commences on the day on which regulations made under paragraph 66(2)(b) of the Act declare that the Part takes effect. See Act, subsection 39ZF(2).
1.2 GENERAL INTENT
Pursuant to the objects for which plans of management may be formulated, the general intent of this Plan is, in conjunction with other management mechanisms, to protect and conserve identified values of the Cairns Area, while allowing for reasonable opportunities to access and use the Area.
Section 39Y of the Great Barrier Reef Marine Park Act 1975 sets out the objects of plans of management. Those objects are:
(a) to ensure, for particular areas of the Marine Park in which the Authority considers that nature conservation values, cultural and heritage values, or scientific values, are, or may be, threatened, that appropriate proposals are developed to reduce or eliminate the threats;
(b) to ensure that species and ecological communities that are, or may become, vulnerable or endangered are managed to enable their recovery and continued protection and conservation;
(c) to ensure that activities within areas of the Marine Park are managed on the basis of ecologically sustainable use;
(d) to provide a basis for managing the uses of a particular area of the Marine Park that may conflict with other uses of the area or with the values of the area;
(e) to provide for the management of areas of the Marine Park in conjunction with community groups in circumstances where those groups have a special interest in the areas concerned;
(f) to enable people using the Marine Park to participate in a range of recreational activities.
Subsection 39Z(1) of the Great Barrier Reef Marine Park Act 1975 states that the Authority in preparing management plans must have regard to:
(a) the protection of world heritage values of the Marine Park; and
(b) the precautionary principle.
1.3 INTERPRETATION
(a) In this Plan, unless the contrary intention appears, a term mentioned in Schedule 9 has
the meaning given in that Schedule.
(b) A reference in this Plan to a reef or other place, followed by an identification number in brackets (for example, Escape Reef (15-094)), is a reference to the reef or place so named and identified in the Great Barrier Reef Marine Park Cairns Section and Cairns Marine Park Zoning Maps (Cooktown BRA Q155 and Cairns BRA Q156), published by the Authority in February 1992.
(c) Where a part of a boundary of a Location is described by reference to a line every point of which is a particular distance seaward between the nearest point of the reef or coastline to which it applies, and that boundary intersects another Location boundary, then in the area of overlap of the boundary will be the median line.
(d) The lateral boundaries of an area described by reference to a line, every point of which is a particular distance seaward from the nearest point of the reef or coastline to which it applies, will be the perpendiculars of that reef or coastline.
(e) The origin of geographical coordinates used in this Plan is the Australian Geodetic Datum 1996 (AGD66).
Notes:
1. Where a specific reef Location is mentioned in the Plan this generally refers to the area within the 500 metre line of the reef, including the reef.
2. The land and intertidal areas of all the islands and cays (except for Low Island (16-028) and Russell Island (17-013) which are within the Marine Park) are managed by the Queensland Department of Environment unless leased or privately owned.
DIVISION 2 – NATURE CONSERVATION: VALUES, ISSUES AND STRATEGIES
1.4 NATURE CONSERVATION – GENERAL
· The Authority believes protection of the nature conservation values of the Marine Park to be a major consideration of management. Use that threatens, or may be reasonably expected to threaten, nature conservation values will be managed.
· Nature conservation values of the Area that the Authority considers are, or may be, threatened include:
- corals and associated biota;
- marine animals, plants and habitat; and
- birds nesting or roosting in, or adjacent to, the Area.
· The Authority has identified the following issues to be resolved in this Plan in protecting the above nature conservation values:
- limiting damage to coral from anchoring and other direct human activities; [See also 1.5]
- assisting in minimising the decline of and pressure on dugong populations in the Area; [See also 1.6]
- minimising disturbance to whales; [See also 1.6]
- minimising damage to fish spawning aggregation sites, and disturbance of fish spawning aggregations; and [See also 1.6]
- minimising the disturbance to birds roosting and nesting by noisy activities and inappropriate visitation. [See also 1.7]
1.5 CORALS AND ASSOCIATED BIOTA CONSERVATION: VALUES, ISSUES AND STRATEGIES ADDRESSED IN THIS PLAN
(a) Corals and associated biota conservation values
Healthy coral cover, formations and substrate are fundamental to the value of the Area and many of its ecological processes.
· The Area has a diversity of coral reef systems and associated biota. Coral quality and cover vary greatly on the reefs, but there are many areas of outstanding coral and associated fauna. Outer and mid-shelf reefs represent a range of reef types. Most inshore reefs have a distinctive, shallow reef benthos. Many reefs have high percentage coral cover and high species diversity.
· Protection of a functioning, healthy coral reef ecosystem is a major basis for protection of the Marine Park and for its World Heritage listing.
· A diverse, resilient and productive coral reef ecosystem is the basis of most use of the Area (e.g. most research, traditional activities, collecting and tourism, and some fishing and recreational use).
· Maintaining the Marine Park as a natural, healthy and well-protected coral reef ecosystem is essential for national and international appreciation, presentation and continuing support for future protection of the Great Barrier Reef Marine Park.
(b) Corals and associated biota conservation issues
There is a high and increasing risk of widespread coral damage from anchoring and other direct human activities due to the increasing level of use at Locations in the Area.
· Widespread or recurrent damage to coral will alter the quality, cover, composition and topography of coral over time.
· The extent and long-term effects of damage to corals from direct human use of the Marine Park have not been quantified. However, extensive damage from human impact has been demonstrated in other coral reef systems and in localised parts of the Marine Park.
· Coral is most susceptible to damage in places where use is high.
· User behaviour can substantially raise or lower the risk of individual point damage.
· Zoning protects various habitats for various purposes. The taking of coral, including damage to coral, is prohibited without a relevant permission under the Zoning Plan. However, more explicit and enforceable regulation is required.
(c) Corals and associated biota conservation strategies
The Authority’s strategies are to reduce or eliminate the threats to coral and associated biota in the Area, by:
(i) managing direct causes of damage to corals, by making it an offence to knowingly, recklessly or negligently damage or anchor on coral in the Area. It is the Authority’s expectation that people will anchor with due care to avoid damage to coral, including:
· anchoring in sand away from coral if available;
· using a reef pick appropriate to the size of the vessel; and
· when hauling in, motor toward the anchor. [See also 2.6]
Note: Special consideration will be given in formulating regulations to anchoring in unusual weathers, such as northerly winds.
(ii) designating places as Reef Anchorages in Locations in the Area, as listed in Schedule 8, that will:
· provide for some places where reasonable access will not be inhibited by moorings; and
· encourage the use of places where damage to coral is least likely to occur. [See also 1.10(c)(iv), 1.11(a), 2.6, Sch 8]
(iii) restricting where large vessels and ships can anchor. The Authority, recognising that there is a vessel size where anchoring equipment has a higher risk of causing damage to coral, proposes that:
· a vessel of greater than 35 metres may not anchor in a Location except if at Lizard Island Locality 2, Lizard Island Locality 3, Ribbon Reef 2 or Ribbon Reef 5 or in a Reef Anchorage at any other Location; and
· a vessel of greater than 70 metres may not anchor in a Location in the Area except if at Lizard Island Locality 2, Lizard Island Locality 3, Ribbon Reef 2 or Ribbon Reef 5. [See also 2.6]
(iv) managing the maximum daily levels of tourist program use that relies on anchoring in the Area, by:
· limiting the number of tourism operations that may anchor in the Area; and
· encouraging growth of new tourism operations to moorings and pontoons. [See also 1.10(c)(vi), 1.12 – 1.16, 2.14]
1.6 MARINE ANIMALS, PLANTS AND HABITAT CONSERVATION: VALUES, ISSUES AND STRATEGIES ADDRESSED IN THIS PLAN
(a) Dugong conservation values
Dugong (Dugong dugon) are rare marine mammals.
· The largest global population of dugong live in Australian waters.
· The Marine Park is a major habitat for dugong populations in Australian waters.
· Dugongs have high biodiversity value as the only species in the family Dugongidae and one of only four species in the order Sirenia.
· Dugongs are listed as vulnerable to extinction by the IUCN.
· Dugongs are generally found in coastal and inshore areas, feeding primarily on seagrasses.
· Dugongs in the Marine Park are protected against commercial take.
· Traditional hunting of dugongs is still permitted in certain parts of the Marine Park.
· Dugongs exist in inshore waters in the Area which contain shallow and deep water seagrass, particularly in the Port Douglas to Cape Tribulation inshore waters.
(b) Dugong conservation issues
Dugong populations are under pressure in the Area.
· Dugong populations have suffered a serious decline in parts of the Marine Park south of Cooktown.
· Dugongs have a low reproductive capability and those that live close to the shore are susceptible to human activities. A slight fall in adult numbers can cause a long-term decline in the population.
· Threats to dugongs include fishing and shark nets, collisions with boats, habitat degradation and loss, and illegal netting and hunting. Indigenous hunting may also be a threat to dugongs, if the species is not ecologically secure in that part of the Marine Park.
· High levels of vessels or aircraft use in areas with possibly significant dugong populations may create unacceptable disturbance.
· Dugongs feed primarily on seagrasses which may suffer damage from human use.
(c) Dugong conservation strategies
The Authority’s strategies are to manage activities to protect significant dugong habitats and to limit pressure on dugong populations, by:
(i) prohibiting the take of dugong within the Area; [See also 2.9]
(ii) limiting the number of people on vessels or aircraft operating in some Locations in the Area with possibly significant dugong populations; and [See also 1.10(c)(i), 2.2, Sch 4]
(iii) limiting the number of moorings and pontoons that may be installed in Locations in the Area with possibly significant dugong populations. [See also 1.10(c)(iii), Sch 6 & 7]
Notes:
1. A number of Aboriginal groups have supported the prohibition on the take of dugong.
2. The Authority will continue to monitor and develop measures for dugong conservation within the Area as part of Marine Park-wide threatened species conservation programs.
(d) Whale conservation values
The Marine Park is an important breeding and feeding ground for several species of whales, some of which are rare:
· Migratory species of whales breed in the tropical waters of the Great Barrier Reef during the winter months (July – September).
(e) Whale conservation issues
Whales in the Area may be disturbed by human activities.
· Human impacts may result in interruption with mating or reproductive events, noise induced effects, separation of calves and mothers, collisions, displacement from area due to high vessel traffic or behavioural change.
· High levels of vessel or aircraft use near to whales may create unacceptable disturbance to whale populations in the Area.
· A high demand for permissions to conduct whale watching in the Area, if met, would have the potential to disturb populations of whales.
(f) Whale conservation strategy
During development of long-term strategies, the Authority has taken a precautionary approach to minimise disturbance to whales, by limiting the grant of relevant permissions for the purpose of whale watching in the Area.
Permissions will only be granted:
(i) for the purpose of research; or
(ii) to a tourism operator if the level of whale watching in the Area is maintained as the same as, or less than, that permitted when the Plan commences.
Note: The Authority will continue to monitor and develop measures for whale conservation within the Area as part of Marine Park-wide threatened species conservation programs.
(g) Fish spawning aggregation site values
Aggregation sites in the Area are essential for the reproduction cycles of many reef fish species.
· Many species of coral reef fish aggregate to spawn at sites with specific attributes.
· Attributes of fish spawning aggregation sites include clean water, high coral cover, complex coral forms and protection from prevailing winds.
· Spawning aggregations are a principal reproductive need for some species.
· There is evidence that some species of fish require specific coral topography as part of the spawning event.
(h) Fish spawning aggregation site issues
Use may damage aggregation sites and disturb fish spawning aggregations.
· Researches have indicated that fish spawning aggregations are critical to the reproductive success and sustainability of some species.
· Further research is required to fully understand the nature and scale of human activities that impact on sites or aggregations, but there is evidence that some species of fish which aggregate for the purposes of spawning are susceptible to disturbance.
· Activities that damage coral or change coral topography may threaten spawning events and reproductive success rates of some fish populations.
· Likely or known fish spawning aggregation sites should not be publicised without prior protection and enforceability of requirements.
(i) Fish spawning aggregation site strategy
The Authority’s strategy to minimise damage to fish spawning aggregation sites and disturbance of fish spawning aggregations is to continue to consider the location of known fish spawning aggregation sites when locating moorings, pontoons and Reef Anchorages. [See also 1.10(c)(iii), 1.10(c)(iv), Sch 8]
Note: The Authority will continue to monitor and develop measures for fish spawning aggregation sites in the Area as part of Marine Park-wide strategies.
1.7 BIRD CONSERVATION: VALUES, ISSUES AND STRATEGIES ADDRESSED IN THIS PLAN
(a) Bird conservation values
Birds are an important part of the nature conservation values of the Marine Park and form an integral part of the ecosystem.
l Seabirds are an integral component of marine ecosystems.
l Seabirds and other birds are essential components of the ecology of islands and cays.
l Some species of birds that roost or nest on islands and cays are important to the health of the nearby Wet Tropics World Heritage Area.
l Table 1 lists the islands and cays that support important bird roosting and nesting grounds.
Table 1. Bird nesting and roosting sites
| Sector | Site |
| Lizard Island | Seabird Islet |
| Offshore Port Douglas | West Hope and Woody Islands, Mackay and Undine Cays |
| Offshore Cairns | Michaelmas, Vlasoff and Upolu Cays (Michaelmas Cay is rated as the second most important bird nesting site in the Great Barrier Reef World Heritage Area and the most significant bird nesting site in the Cairns Section.) |
| South Offshore Cairns | Sudbury Cay |
(b) Bird conservation issues
Roosting and nesting birds are disturbed by noisy activities and inappropriate visitation.
l There are only a few cays and islands suitable for bird breeding and roosting in or adjacent to the Area.
l Bird breeding and roosting populations are susceptible to noisy or intrusive activities, inappropriate visitor behaviour and visitation.
l Increasing demand for access to islands and cays where birds roost or nest cannot be met without threatening the sustainability of bird populations in the Area.
l A number of species of birds have exhibited declining breeding success rates in the Area.
(c) Bird conservation strategies
The Authority’s strategies are to minimise disturbance to birds roosting and nesting in the Area, by:
(i) limiting the number of people on vessels or aircraft operating adjacent to significant bird roosting or nesting islands or cays; [See also 1.10(c)(i), 1.10(c)(ii), 2.2, Sch 4 & 5]
(ii) requiring that within the Michaelmas Cay Locality a person must not operate:
l an aircraft; or
l a vessel or aircraft under power at a speed greater than 6 knots; or
l a horn, loudspeaker or siren. [See also 1.10(c)(ii), 2.13]
(iii) requiring that a person must not operate a vessel or aircraft under power at a speed greater than 6 knots within the Low Island Locality; [See also 1.10(c)(ii), 2.12]
(iv) requiring that a person must not operate a hovercraft, or a vessel used for motorised watersport, in a Location, other than Lizard Island Locality 2; and [See also 1.10(c)(ii), 1.10(c)(v), 2.8]
(v) limiting the growth of tourist program use adjacent to significant bird roosting or nesting islands or cays. [See also 1.10(c)(ii), 1.10(c)(vi), 1.14(c), 2.15]
Note: The Authority will continue to monitor and develop measures for bird conservation within the Area as part of Marine Park-wide threatened species conservation programs.
DIVISION 3 — CULTURAL AND HERITAGE VALUES, ISSUES AND STRATEGIES
1.8 CULTURAL AND HERITAGE VALUES, ISSUES AND STRATEGIES ADDRESSED IN THIS PLAN
(a) Cultural and heritage values
Indigenous groups have a relationship with the marine environment and particular areas in, or adjacent to, the Area, and sites of heritage value exist in the Area.
l This relationship is demonstrated by:
- the existence in the Area, of sites of cultural and heritage significance to traditional inhabitants; and
- the conduct, by traditional inhabitants, of traditional activities including subsistence activities in the Area.
l Nature conservation values form the basis of many cultural values.
l The Authority, on the advice of a number of local indigenous groups, has identified Locations that have particular cultural and heritage significance, as described in table 2.
Table 2. Locations of cultural and heritage significance and importance for cultural activities
| Sector | Location |
| Lizard Island | Locality 1 and Locality 4 |
| Offshore Port Douglas | Cowie Point, Bailey Point, Pearl Reef, East Hope Island Reef, West Hope Island Reef, Ruby Reef, Endeavour Reef, Pickersgill Reef, Evening Reef, Rudder Reef, Tongue Reef, Snapper Island Reef, Batt Reef and Low Island Locality |
| Offshore Cairns | Hastings Reef Locality 2, Michaelmas Reef, Arlington Reef and Green Island Reef |
| South Offshore Cairns | Moore Reef Locality 2, Sudbury and Scott Reefs |
| Frankland Islands | Islands within the Frankland Islands Sector |
· The Low Isles lighthouse and light station was built in 1878. The light station is a rare example of long-term human habitation of a Marine Park cay.
(b) Cultural and heritage issues
Increasing use of the Area has put pressure on cultural and heritage sites and may displace some cultural activities.
l A decrease in the nature conservation values of the Area may diminish the successful maintenance of cultural and heritage values and uses.
l Greater use of parts of the Area by large vessels or by vessels with large groups of people at some Locations may impair cultural and heritage values of traditional inhabitants.
l Inappropriate use may compromise cultural and heritage values for traditional inhabitants at certain places.
(c) Cultural and heritage strategy
The Authority’s strategy is to take a precautionary approach to generally prevent further growth in use of the reefs of value to indigenous people, while allowing for continuation of established uses, by:
(i) managing the intensity of tourism use to the Area; [See also 1.10(c)(vi), 1.11(b), 1.12 – 1.16]
(ii) generally allocating low use categories to Locations with significant cultural values; [See also 1.10(c)(i) – (iii), 2.2, Sch 4 & 5]
(iii) generally limiting the number of moorings and pontoons that will be permitted at Locations with significant cultural values; [See also 1.10(c)(iii), Sch 6 & 7]
(iv) designating some Locations as Sensitive Locations with additional or special protection; and [See also 1.10(c)(ii), 1.14(c), 2.2, 2.15, Sch 5]
(v) providing exemption for traditional inhabitants from restrictions on the number of people on a vessel or aircraft that can access Locations if undertaking activities, not involving the take of plants, animals or marine products, for the purposes of Aboriginal or Torres Strait Islander custom or tradition. [See also 2.2]
Note: The Authority maintains a management presence at Low Island.
DIVISION 4 – SCIENTIFIC VALUES, ISSUES AND STRATEGIES
1.9 SCIENTIFIC VALUES, ISSUES AND STRATEGIES ADDRESSED IN THIS PLAN
(a) Scientific values
· The protection and conservation of the values of the Area will depend, in part, on the knowledge and understanding gained from scientific research and monitoring.
· Basic, strategic and applied research is undertaken in the Marine Park.
· There are research stations at two locations in the Area of high scientific value: Lizard Island and Low Island.
- Scientific values of Low Isles derive from the diversity of natural features and from being the site of the 1928-1929 Great Barrier Reef Expedition. It is one of the few coral reefs in the world for which a long series of data exists and presents an unusual and valuable opportunity for continuing long term studies.
- Lizard Island is a mid-shelf continental island with a wide range of adjacent marine habitats. Lizard Island Locality 1 has possibly unique coral communities.
(b) Scientific issues
· Appropriate research is necessary to improve understanding of the Area and guide effective long-term management.
· Access to moorings is necessary to undertake research in some locations. Limiting the placement and use of moorings may inhibit research.
· Inappropriate activities, including vessel anchoring and fishing may detrimentally affect ongoing research projects in places of high scientific values. This is particularly relevant for some locations that have high long-term scientific research values.
(c) Scientific strategies
The Authority’s strategies to conserve the scientific values of the Area are to ensure Areas of high scientific research values are protected, and access for permitted research that is consistent with the values of the Area is not inhibited, by:
(i) providing a general exemption for permitted research from the enforcement provisions contained in Part 2 of the Plan. However, research permit assessment must consider the provisions of the Plan to ensure consistency with the intent of the Plan; [See also 2.1]
(ii) providing a general exemption for the purpose of research from limitations on the placement and number of moorings and other permanently moored facilities. However, research permissions will remain subject to meeting all other requirements, including permission application, assessment and decision processes under the Regulations, suitability of installation sites and Reef Anchorage needs; [See also 1.10(c)(iii)
(iii) limiting the impacts that may affect the values of Low Island Locality as a long-term research site, particularly in relation to nutrient levels in the Marine Park, by:
· prohibiting waste discharge; and
· limiting manipulative research to that likely to:
- complement research conducted by the 1928 – 1929 Great Barrier Reef Expedition; or
- directly assist the management of the Low Island Locality; or
- contribute to the understanding of nutrient levels in the Marine Park, and cannot reasonably be conducted elsewhere. [See also 2.12]
(iv) limiting the impacts that may affect scientific values at Lizard Island Locality 1, by prohibiting:
· anchoring by vessels more than 7 metres in overall length,
· fishing in part of the Locality to protect specific research sites; and [See also 2.11]
(v) allowing relevant permissions for the purpose of research to be granted for whale watching in the Area.
DIVISION 5 — USE OF THE AREA, ISSUES AND STRATEGIES
1.10 USE OF THE AREA, ISSUES AND STRATEGIES ADDRESSED IN THIS PLAN
(a) Use of the Area
The Area includes some of the most intensively used reefs and waters in the Marine Park and has the Marine Park’s highest level of marine tourism use. There is a wide diversity of use in the Area:
l Research is conducted throughout the Area. Research stations are located at Lizard Island and Low Island.
l Commercial reef line fishing, trawling, collecting, mariculture and aquarium trade collecting are established uses of the Area.
l Marine tourism operations visit all Sectors and most Locations in the Area on a regular or periodic basis. The Area has major potential for the presentation of Great Barrier Reef World Heritage values.
l Hunting, fishing and collecting are undertaken by indigenous people in Locations in the Area (particularly in inshore reef areas). Locations that have been identified by local indigenous groups as significant for cultural purposes are described in table 2.
l Recreational activities include yachting, boating of other kinds and fishing in the Area and tends to be concentrated in inshore areas near population centres and around the inner reefs, particularly in areas described in table 3.
Table 3. Areas of concentrated recreational use
| Sector | Location |
| Lizard Island | Lizard Island |
| Offshore Port Douglas | East Hope Island Reef, West Hope Island Reef, Pickersgill Reef, Evening Reef, Rudder Reef, Tongue Reef, Snapper Island Reef, Batt Reef |
| Offshore Cairns | Michaelmas Reef, Oyster Reef, Vlasoff Reef, Arlington Reef, Upolu Cay Reef, Green Island Reef |
| South Offshore Cairns | Thetford Reef, Moore Reef, Elford Reef, Briggs Reef, Sudbury Reef, Scott Reef |
| Frankland Islands | Frankland Islands Sector reefs |
l The Area’s natural scenery values form part of the values of the Great Barrier Reef World Heritage Property and assist in providing significant presentation opportunities.
l The coastal regions adjacent to the Offshore Port Douglas and Frankland Islands Sectors comprise part of the Wet Tropics World Heritage Property. The Authority considers that, with limited coastal development, the Sectors provide the opportunity to present the World Heritage values of the Marine Park in association with the adjacent Wet Tropics.
(b) Use issues
Growth in use may erode current and potential values (including opportunities for use) of the Area.
l Increasing use is displacing other uses at some Locations.
l The number of private moorings and pontoons installed in the Area, is limiting anchoring access to other users.
l Large, permanently moored facilities have the potential to compromise the Area’s scenic values.
l Noisy or intrusive water sports such as jet-skis may impair the values of the Area, including use and presentation values.
l The tourist permissions system has inadequately managed high growth in use, because it:
- is based on case-by-case assessment and decision for tourist program permissions, without adequately addressing the cumulative impacts of operations overall; and
- allows for visitation to the Area well in excess of actual use. The available information indicates that use to the permitted level would result in visitation that would degrade the values of the Area.
(c) Use strategies
The Authority’s intent is to manage growth in use to reduce conflict and provide now and into the future for a range of opportunities consistent with nature conservation, scientific, cultural and world heritage values. This will be achieved by using the following strategies.
(i) Limit the number of people per vessel or aircraft accessing each Location as described in table 4. [See also 2.2, Sch 4]
l Schedule 4 of this Plan lists each Location and the category of use for that Location.
Table 4. Limits on use levels
| Category of Use | Use levels |
| low | maximum number of people per vessel or aircraft (includes crew) – 15; no private moorings or pontoons except those already permitted. |
| moderate | maximum number of people per vessel or aircraft (includes crew) – 60; some to many private moorings, no pontoons unless already permitted. |
| intensive | limit of use set by environmental sustainability; many private moorings and some pontoons. |
l The limits on use levels will provide for a range of use opportunities across the Area, according to the size of groups aboard individual vessels or aircraft.
l This Plan is intended to minimise the need to intensively manage the number of vessels or aircraft at a Location at any one time (except at Sensitive Locations). The Authority's aim is to maximise the flexibility of choice for visitors to the Area (while maintaining use at sustainable levels) considering current known levels of use, the likely growth in use and the availability of alternatives. Changing patterns of use, major increases in use or impacts on values may require more detailed management of some Locations in the future.
l From 1 July 1999, all Marine Park users must operate within these limits. The main impact of these provisions will be on tourism operations. Tourism operations that operate to a pontoon or that meet eligibility criteria may be exempted from numbers limits. [See also 1.14(a), 1.15]
l The Authority considers management of the number of vessels or aircraft for tourism use across the Area is necessary to preserve a range of opportunities because of the high current level of tourism use of the Area, the past pattern of rapid growth and likely future growth.
l The category of use level for each Location was determined by considering:
- known values;
- existing use;
- zoning and implications of use allowed under the Zoning Plan; and
- characteristics including size of reef, coral cover and anchoring opportunities.
(ii) Manage Locations with high nature conservation values, cultural and heritage values, scientific values or use opportunities as Sensitive Locations as listed in table 5.
Table 5. Sensitive Locations
| Sector | Location |
| Lizard Island | Lizard Island Locality 1 |
| Ribbon Reefs | Cod Hole Locality |
| Offshore Port Douglas | Low Island Locality, East Hope Island Reef, West Hope Island Reef, Cape Tribulation Bay Locality 1, Snapper Island Reef |
| Cairns | Michaelmas Cay Locality, Green Island Reef |
| South Offshore Cairns | Sudbury Cay Locality |
| Frankland Islands | Frankland Islands Sector |
· Sensitive Locations have either a low or moderate category of use, depending on the values that require protection, and the current use opportunities of the Sensitive Location.
· Many Sensitive Locations have special requirements on particular activities to manage effects as listed in table 6.
Table 6. Sensitive Locations – specific requirements
| Location | Proposed special requirements on activities |
| Low Island Locality | vessel or aircraft speed limit 6 knots; no public access to Low Island between sunset and sunrise; no discharge of wastes. |
| Michaelmas Cay Locality | vessel or aircraft speed limit of 6 knots; horns, loudspeakers or sirens not to be used. |
| Cod Hole Locality | no anchoring. |
| Lizard island Locality 1 | no anchoring by vessels or aircraft more than 7 metres in overall length; no fishing (except trolling or bait netting for pelagic species) within 250 metres off the coast. |
· The intents of the proposals are:
- six knot speed limits at Low Island and Michaelmas Cay Localities are to reduce likely disturbance to birds nesting and roosting on adjacent cays;
- prohibition on public access to Low Island between sunset and sunrise include reducing the risk of damage to vegetation and the lightstation and to provide privacy for residents;
- prohibitions on aircraft entry, to the use of horns, loudspeakers or sirens in Michaelmas Cay Locality to minimise risks of disturbing seabirds nesting or roosting on Michaelmas Cay;
- prohibition on anchoring in the Cod Hole Locality to prevent anchor damage to corals in this heavily used Location.
- prohibition on anchoring by vessels or aircraft more than 7 metres in overall length in Lizard Island Locality 1 to protect a rare field of solitary corals;
- prohibition on fishing in Lizard Island Locality 1 to protect specific research sites.
l The Authority intends to maintain in principle a general opportunity to access and use Locations consistent with Zoning Plan requirements, but subject to requirements to protect values.
l The intensity of tourism use will be managed at Sensitive Locations by limiting the number of vessels or aircraft operating tourism programs that can visit the Location on any one day. Tourist programs operating to the majority of Sensitive Locations are required to make a booking, with a limit on the number of bookings per day for each Sensitive Location. These limits are listed in Schedule 5. However, neither bookings nor limits to the number of permits are considered necessary for Lizard Island Locality 1 or Cod Hole Locality. [See also 1.10(c)(vi), 2.15, Sch 5]
l Tourism operations that meet eligibility criteria may be exempted from booking requirements and limits on the number of days the Sensitive Location may be entered, providing that the number of days allowed does not exceed that permitted under an existing permission. [See also 1.14(c)]
l Tourism operations that meet eligibility criteria may be exempted from limits on the maximum number of people per vessel or aircraft entering the Sensitive Location, providing that the number allowed does not exceed that permitted under an existing permission. [See also 1.14(c)]
(ii) Limit the number of private moorings and pontoons that may be installed in each Location, and limit the installation of other structures.
[See also 1.10(c)(iv), 1.11(a), 1.11(b), 2.5, 2.7, Sch 6 & 7]
l The intent of this strategy is to provide for a balanced combination of private and public access opportunities across the Area and, as far as possible consistent with values, at each Location and protect natural scenery values.
l The maximum number of permitted private moorings and pontoons allowed at each Location are listed in Schedules 6 and 7 respectively. The numbers of moorings and pontoons permissible has been determined through consultation with users, consideration of Reef Anchorages and access opportunities, and compared to available information on coral cover, fish spawning aggregation sites and coral diversity.
l Moorings within a mooring or pontoon site and moorings for the purpose of research or navigation aides are not limited by the Plan. They remain subject to meeting all other requirements, including permission application, assessment and decision processes under the Regulations, suitability of installation sites and Reef Anchorage needs.
l Public moorings are not limited by the Plan.
l Permissions will not be granted for permanently moored facilities other than private moorings or pontoons, unless the facility is:
- to be installed or operated within a mooring or pontoon site by the person holding the relevant permission for the mooring or pontoon at that site;
- for the purposes of research or navigation aides;
- for the purpose of a landing platform for helicopters at Vlasoff Reef (16-044b); or
- the subject of an existing permission.
· The intent of the Authority in allowing for the installation of a helipad at Vlasoff Reef (16-044b) is to enable opportunities for tourism operations using helicopters and to provide an emergency evacuation facility in the Offshore Cairns Sector to minimise disturbance to bird nesting and roosting populations on cays in the Area.
· Private mooring and pontoon sites will be protected from anchoring damage. All permitted moorings will have to be marked by standard buoyage for public recognition.
· For the purposes of this Plan a fore and aft mooring is considered one mooring.
· The Authority has made provision for a pontoon at Hastings Reef Locality 1, but does not intend to grant permission to install or operate a pontoon at this Location, unless in the opinion of the Authority and on the request of a pontoon permittee, it is necessary to relocate a pontoon to allow recovery of an existing pontoon site which has suffered damage due to an acute natural event.
(ii) Provide for Reef Anchorages where new private moorings and pontoons may not be installed. [See also 1.11(a), 2.6, Sch 8]
· Reef Anchorages are intended to:
- provide for some places where reasonable access will not be inhibited by moorings; and
- encourage the use of places that are least likely to cause damage to coral.
· Reef Anchorages are listed in Schedule 8.
· The Authority will not grant a permission allowing the installation of new private moorings or pontoons in a Reef Anchorage, but may allow replacement of existing structures.
· Reef Anchorages have been identified through consultation with users and compared to available information on coral cover, fish spawning aggregation sites and coral diversity.
Notes:
1. Field studies may require proposals to amend the Plan if high coral values, fish spawning aggregation sites or other values are subsequently identified.
2. Public moorings may be installed to complement or replace Reef Anchorages, depending or availability of resources, the needs and physical characteristics of sites and use patterns.
3. Persons who are permitted, and who have installed a mooring in a Reef Anchorage may be requested to move that mooring to another place in the same Location, and may be required to move the mooring when a permission expires.
4. Detailed Site Plans for Locations not listed in Schedule 8 may be prepared and may result in proposals to amend this Plan.
5. The term ‘no limit’ in Schedules 6 and 7 means only that the Authority has not placed a maximum limit on the number of private moorings or pontoons at that Location. Applications to install private moorings or pontoons remain subject to meeting all other requirements, including permission application, assessment and decision processes under the Regulations, suitability of installation sites and Reef Anchorage needs.
(ii) Limit noisy activities that may impair values of the Area, including use and presentation values. [See also 2.8]
· The Authority intends that a person must not operate a hovercraft, or conduct motorised watersport, in a Location, other than Lizard Island Locality 2 to:
- protect nature conservation values, including roosting and nesting birds where applicable;
- encourage use of reefs for nature-based use and appreciation; and
- reduce disturbance to nature-based uses and other reasonable use.
· The Plan limits the number of operations regularly using aircraft, and the Authority intends to not allow the conversion of tourist program permissions involving the use of a vessel to use involving an aircraft. Generally, the Authority is less concerned with the mechanism of entry than the level and purpose of entry to the Area, but studies have indicated that aircraft have impacts requiring special management.
(iii) Limit the maximum number of vessels or aircraft operating tourist programs in the Area per day, except those operating to private moorings or pontoons.
[See also 1.12 –1.17, 2.14]
· New tourism operations and operations that do not meet the eligibility criteria of this Plan may only operate in the Area by anchoring up to 50 days a year. These operations will generally have to book to the Area, and bookings will be limited to allow no more than 40 vessels a day access to the Area. Tourism operations that meet eligibility criteria set out in table 7 may be exempted from booking requirements.
· A limited number of tourism operations that meet eligibility criteria may have access to the Area up to all year, but with a 50 days a year limit on the number of times the operation can visit any specific Location. Tourism operations that meet eligibility criteria may be exempted from the 50 days a year limit to specific Locations up to the number of days now permitted.
· New or existing operations to a private mooring or pontoon may operate all year, except to Sensitive Locations other than Cod Hole Locality or Lizard Island Locality 1.
- The Authority intends that an operation to a private mooring or pontoon must have a written agreement for use of that facility with the relevant permission holder and must notify the Authority of the private moorings or pontoons to which they will operate. This information will be publicly available to prevent misrepresentation of operating arrangements.
- The Authority may impose limits on use of specific private moorings or pontoons if necessary irrespective of any agreements that may exist.
- The Authority intends that private mooring and pontoon permission holders will exercise responsibility for managing use of private moorings and pontoons at levels and of a nature that maintains mooring and pontoon site values.
- The Authority intends that private mooring and pontoon permission holders collectively will allow development of tourism growth potential.
- The Authority intends that the flexibility inherent in allowing tourism operation growth associated with private moorings and pontoons will provide opportunity and incentives for diversity of tourism operations in the Area.
- The Authority encourages private mooring and pontoon permission holders to develop agreements for use of those facilities with other Marine Park users.
· New operations, and existing operations unless authorised as an exception, will be required to have a booking to enter a Sensitive Location and may not enter a specific Sensitive Location more than 50 days a year.
Table 7 lists the types of tourist program operations that are consistent with this Plan. The transition processes for tourism operations and implementation of this Plan are detailed in Division 6.
Table 7. Types of tourism operations consistent with this Plan
| Operation type | Characteristics | Eligibility requirements |
| Standard Tour Operation (vessel or aircraft no more than 70 metres | 50 days access to the Area subject to a booking; or all year access to the Area if shown to operate to a pontoon or mooring | nil – notification of intention to use specific private moorings or pontoons is required |
| (i) may be endorsed to operate above limits on maximum numbers on a vessel or aircraft to specific Locations | as currently permitted under existing permission | existing operations must prove operation to that Location at above number limits for at least 50 days in 1996; or extenuating circumstances |
| (ii) may be endorsed to enter the Area without a booking | notification of intention to enter the Area is required instead of booking | existing operations must prove operation to the Area at least 10 days between 1/1/96 and 30/6/97 and operation in another part of the Marine Park for at least 100 days in the same period; or extenuating circumstances |
| (iii) may be endorsed to enter Sensitive Locations more than 50 days a year and without a booking | as currently permitted under existing permission | existing operations must prove operation to that Location at least 50 days in 1996; or extenuating circumstances |
| Regional Tour Operation (vessel or aircraft no more than 70 metres) | all year access to the Area – 50 days access to any one Location | existing operations with proof of operation in the Area at least 50 days between 1/1/96 and 30/6/97; or extenuating circumstances |
| (i) may be endorsed to operate more than 50 days to specific Locations | as currently permitted under existing permission | existing operations must prove operation to that Location at least 50 days in 1996; or extenuating circumstances |
| (ii) may be endorsed to operate above limits on maximum numbers on a vessel or aircraft to specific Locations | as currently permitted under existing permission | existing operations must prove operation to that Location at above number limits at least 50 days in 1996; or extenuating circumstances |
| (iii) may be endorsed to enter Sensitive Locations more than 50 days a year and without a booking | as currently permitted under existing permission | existing operations must prove operation to that Location at least 50 days in 1996; or extenuating circumstances |
| Craftless Operation | the same access and activities as permitted for vessel or aircraft to be used for enter to the Area | nil |
| Hire Operation (a vessel, available for timeshare, hire or charter without a master or crew, that is non-motorised or less than 6 metres in overall length) | all year access to the Area | nil |
| Operation type | Characteristics | Eligibility requirements |
| Cruise Ship Operation (vessel more than 70 metres) | 50 days access to the Area access to Locations limited to: Lizard Island Locality 2 Lizard Island Locality 3 Ribbon Reef No. 2 Ribbon Reef No. 5 only one cruise ship to be at a Location at any one time | nil |
| (i) may be endorsed to operate more than 50 days in the Area | as currently permitted under existing permission | Existing operations must prove operation to the Area at least 50 days in 1996; or extenuating circumstances |
DIVISON 6 – TRANSITION AND IMPLEMENTATION
This Plan provides for:
· Development of further proposals associated with:
- Reef Anchorages;
- the management of private moorings and pontoons; and
- the allocation of new moorings to the limits specified in Schedule 6.
· Permissions that may be granted for tourism operations after the Plan commences.
· Exceptions to the requirements of this Plan that may be authorised for existing tourist programs that meet the required eligibility criteria set by this Plan.
· Requirements and procedures for application, assessment and decisions concerning relevant permissions are otherwise as provided for in the Act, Regulations and Zoning Plan.
1.11 PRIVATE MOORINGS AND PONTOONS
(a) Site Plans
· Site Plans are required to determine the appropriate balance of private and public access opportunities, which may include future proposals to designate Reef Anchorages, at the Locations listed in table 8.
Table 8. Locations requiring site plans
| Sector | Locations |
| Lizard island | Lizard Island Localities 2 and 3 |
| Offshore Cairns | Norman Reef, Michaelmas Cay Locality, Upolu Cay Reef, Green Island Reef Locality 1 |
| South Offshore Cairns | Flynn Reef, Milln Reef, Moore Reef Locality 2 |
| Frankland Islands | Normanby Island Reefs, Russel and Round Islands Reefs |
l No new private moorings or pontoons will be permitted at these Locations (if allowed under this Plan) until site plans have been prepared and any resultant proposals for amendments to this Plan have been fully considered.
(b) Private moorings and pontoons
l The Authority intends the assessment of applications to install or operate private moorings and pontoons will remain subject to detailed impact assessment and decisions, which may include limits to use of specific moorings and pontoons as necessary.
l The Authority, in deciding to grant a relevant permission to install a new mooring, will give first preference to a person who is eligible for a relevant permission or an authorisation to access a Sensitive Location without a booking, providing:
- that person relinquishes the relevant permission or authorisation to operate to the Sensitive Location without a booking, and
- if that person is the holder of a relevant permission to operate a mooring in a Sensitive Location that permission is also relinquished.
l The Authority, in deciding to grant a permission to install a new mooring, will give second preference to operations, and in particular to groups of operations, that if not granted a relevant permission to install a mooring, would otherwise be permitted to operate to the Location more than 50 days a year by anchoring.
l This system of preferential allocation is intended to provide alternatives to use of Locations by anchoring for tourism operations eligible for more than 50 days use a year by anchoring. A relevant permission or authorisation allowing more than 50 days entry to the Location by anchoring must be surrendered if that permittee is granted permission to install a private mooring at that Location.
Notes:
1. The Authority will, if necessary, allocate relevant permissions to install a new mooring by ballot.
2. Installation of private moorings and pontoons remains subject to supervision.
3. Permissions to install new moorings may be subject to completion of detailed site plans for reefs where private moorings are permitted and a Reef Anchorage has been designated.
1.12 TOURISM MANAGEMENT GENERALLY [See also 1.13 – 1.17, 2.14, 2.15]
· As far as possible, the Authority intends to set requirements to protect values generically in permissions or as general requirements by Location, rather than regulating individual operations.
· This approach requires clear definition of categories of permissions for tourist operations.
Note: In this Plan this approach is adopted only in relation to relevant permissions for tourism operations because these operations are more numerous and cumulatively affect the values of the Area. A similar approach may be adopted for other types of permissions in future if necessary.
· This Plan limits certain types of tourist programs whilst allowing for growth in tourist visitation to the Area and greater flexibility for most tourism operations.
· The Authority intends that for the purposes of this Plan, the only tourist program permissions that may be granted in the Area are those consistent with the provisions of this Plan. The Authority intends that if a proposal is of the nature of a tourist program requiring a written permission under the Zoning Plan and is not provided for in this Plan, then it may lead to a proposal to alter the Plan in accordance with legislative requirements.
· The essential requirements for categories of tourism operations in the Area are as set out in this Plan.
1.13 TYPES OF TOURISM OPERATIONS SUBJECT TO ELIGIBILITY REQUIREMENTS [See also 1.15, 1.17]
l The Authority recognises Regional Tour Operations as a valid use of the Marine Park and of the Area providing a range of experiences otherwise unavailable, but recognises the number of such operations must be limited to protect the nature conservation, cultural and heritage, and scientific values and use opportunities of the Area.
l A relevant permission or an authorisation for a Regional Tour Operation may be granted only if the permittee demonstrates:
- the permission for the operation was current when this Plan commenced; and
- the operation was previously permitted to operate in the Area more than 50 days a year, without a requirement to operate only while attached to a private mooring or pontoon, and did so at least 50 days between 1 January 1996 and 30 June 1997; or
- there are extenuating circumstances that warrant the grant of the exception or permission.
l Exception: Regional Tour Operations may also be authorised or permitted to operate more than 50 days a year to one or more specific Locations if the permittee demonstrates in respect of each Location:
- the permission for the operation was current when this Plan commenced; and
- the operation was previously permitted to operate to the Location in the Area more than 50 days a year and did so at least 50 days in 1996; or
- there are extenuating circumstances that warrant the grant of the exception or permission.
1.14 EXCEPTIONS AVAILABLE TO TOURISM OPERATIONS
This Plan provides for possible exceptions for some tourism operations in relation to some: [See also 1.15, 1.17]
· general requirements; and
· tourism operations limits.
(c) Exceptions to limits of people per vessel or aircraft allowed access to each Location
l The Authority has made provision for exceptions to the limits of people per vessel or aircraft for tourism operations to a Location considering:
- permittees eligible for an exemption have been operating validly; and
- there will be no increase in numbers over that currently permitted above the numbers limit.
l This Plan provides for some exceptions to the limits of people per vessel or aircraft at a Location for tourism operations, if the permittee demonstrates:
- the operation is to a private pontoon or mooring in a pontoon site; or
- the permission for the operation was current when this Plan commenced; and
- the operation was previously permitted to operate there more than 50 days a year and did so carrying more than the limit now set for that Location at least 50 days in 1996; or
- there are extenuating circumstances that warrant the grant of the exception.
l The Authority’s intent is that a permitted exception to a number limit would not be a reason for reduction in the number of persons that may be carried on a vessel or aircraft to a Location.
(b) Exception to booking requirement to Area—Reef-wide operations
l The intent of the booking requirement is to manage per day the maximum level of use by tourism operations to the Area other than to private moorings or pontoons, while still allowing reasonable opportunities for access.
l The Authority recognises that some tourist programs operate across the Marine Park and may frequently operate within the Area while transiting between parts of the Marine Park. There are a limited number of such operations and a booking requirement on them is considered unnecessary.
l This Plan provides for some exceptions to the booking requirement to enter the Area for some tourism operations, if the permittee demonstrates:
- the relevant permission for the operation was current when this Plan commenced; and
- the operation was previously permitted to operate to the Area more than 50 days a year and did so at least 10 days in a year between 1 January 1996 and 30 June 1997; and
- operated in another part of the Marine Park for at least 100 days in the same period of a year; or
- there are extenuating circumstances that warrant the grant of the exception.
(c) Exceptions to limits and booking requirements at Sensitive Locations
l This Plan provides for some exceptions to the limits of people per vessel or aircraft at Sensitive Locations for tourism operations, if the permittee demonstrates:
- the relevant permission for the operation was current when this Plan commenced; and
- the operation was previously permitted to operate there more than 50 days a year, and did so carrying more than the limit now set for that Location at least 50 days in 1996; or
- there are extenuating circumstances that warrant the grant of the exception.
l This Plan provides for some exceptions to the booking requirement for tourism operations to a Sensitive Location, if the permittee demonstrates:
- the relevant permission for the operation was current when this Plan commenced; and
- the operation was previously permitted to operate there more than 50 days a year and did so to that Location at least 50 days in 1996; or
- there are extenuating circumstances that warrant the grant of the exception.
l The Authority has made provision for these exceptions at Sensitive Locations for tourism operations considering:
- permittees eligible for an exemption have been operating validly under a relevant permission for which there has been detailed assessment of impacts at that Location;
- there will be no increase in numbers over that now permitted above the numbers limit; and
- there will be no increase in the number of visits permitted to these Locations.
l It is the Authority's intent to maintain values of these Locations, and while continued growth in use is likely to impair these values, current levels of use, combined with special provisions as necessary for management of activities at the Location, are unlikely to impair values.
l The Authority’s intent is that a permitted exception to the limits of people per vessel or aircraft for a tourism operation at a Sensitive Location alone would not be a reason for reduction in the number of persons that may be carried on a vessel or aircraft to a Location.
l Detailed impact assessment at these Locations will continue as necessary.
l Tourist programs using aircraft will only be eligible to access a Sensitive Location if eligible to be endorsed for more than 50 days per year access and no booking required. Tourist programs using aircraft not eligible for these endorsements will not be able to access a Sensitive Location.
(d) Exceptions to limits of 50 days to the Area - Cruise Ship Operations
l The Plan provides for some exceptions to the limit of 50 days entry to the Area by Cruise Ship Operations if the permittee demonstrates:
- the relevant permission for the operation was current when this Plan commenced; and
- the operation was previously permitted to operate to the Area more than 50 days a year, and did so at least 50 days in 1996; or
- there are extenuating circumstances that warrant the grant of the exception.
(e) Exceptions to limits of 50 days to the Area with a booking - Gamefishing
l This Plan provides for some exceptions to Standard Tour Operations that may be permitted or authorised to enter the Area for more than 50 days without a booking if primarily for the purposes of gamefishing from September to December.
l A relevant permission or authorisation to conduct operations primarily associated with gamefishing in the Area may be granted without a requirement to meet eligibility criteria. This endorsement will allow an operation to enter the Area primarily for the purpose of gamefishing in the months of September, October, November and December without a booking and without a limit of 50 days on entry to the Area. Limits of not more than 50 days to any Location and not more than 30 days in any 60 days in the Ribbon Reefs Sector apply, as do requirements to meet limits on the number of persons per vessel or aircraft to Locations unless separately endorsed otherwise.
l A relevant permission or authorisation to conduct operations primarily for the purpose of gamefishing in the Area will not preclude other permitted tourism activities in the Area. The Authority intends, that should suspected abuses of this endorsement occur (for example, operations gaining entry to the Area with little or no association with gamefishing activities), proposals may be made to amend this Plan to manage gamefishing in more detail.
1.15 EVIDENTIARY REQUIREMENTS FOR TOURISM OPERATIONS
[See also 1.17]
(a) Proof of eligibility for a relevant permission or authorisation for an exception to a tourist program operation, may be by:
· reference to Environmental Management Charge returns held by the Authority before 1 July 1997; or
· reference to other official documents or records such as:
- vessel or aircraft log books; and
- passenger manifests or dive logs; or
· proof of extenuating circumstances, which may include:
- personal illness or circumstances that prevented operations that would otherwise have enabled the permission holder to have met eligibility criteria; or
- grant of a relevant permission at such a time that the permission holder could not reasonably have met eligibility criteria but otherwise clearly intended to commence tourism operations in accordance with that permission.
(b) A person seeking to prove eligibility by reference to documents or records not held by the Authority on 1 July 1997 will be required to provide evidence not only of the number of days entry to the Area or Location required for the eligibility criteria, but also of all tourism operations conducted in the Marine Park in the year or years during which it is claimed the eligibility criteria are met.
(c) A person seeking the grant of a relevant permission or authorisation for an exception for a Regional Tour Operation, a Standard Tour Operation or Cruise Ship Tour Operation must apply for the relevant permission or authorisation and provide information in support of their application.
1.16 RELEVANT PERMISSION REPLICATION ISSUES
(a) Management of levels of tourism use will fail if entry under several permissions for the same purpose using the same vessels or aircraft may be replicated.
(b) A person who holds a relevant permission or authorisation for a Regional Tour Operation and a relevant permission or authorisation for a Standard Tour Operation for the same vessel or aircraft will not be able to make a booking for entry to the Area for that vessel or aircraft.
(c) A person who holds a relevant permission or authorisation for a Regional Tour Operation for a vessel with an authority allowing more than 50 days entry to a Sensitive Location without a requirement to make a booking will not be able to make a booking for that vessel to enter the Sensitive Location.
(d) Standard Tour Operations: bookings for access to the Area or to Sensitive Locations will be made in relation to a vessel or aircraft as applicable, irrespective of the number of permissions on which that vessel or aircraft may appear. For example, if two Standard Tour Operations have been granted allowing for the use of a specific vessel or aircraft, that vessel or aircraft will only be booked to allow 50 days to the Area, not 100 days.
1.17 IMPLEMENTING THIS PLAN
The Authority intends the following implementation stages for this Plan:
(a) Stage 1:
l Regulations to give effect to the Enforcement Provisions of Part 2 prepared;
l Preparation of Site Plans.
(b) Stage 2:
l Cairns Area Plan of Management gazetted, provisions of Part 1 commence;
l Grant of new permissions subject to the requirements of this Plan;
l Site Plans finalised;
l Regulations to give effect to the Enforcement Provisions of Part 2 proposed for gazettal.
(c) Stage 3:
l Regulations giving effect to the Enforcement Provisions of Part 2 gazetted;
l Requirements of Part 2 come into effect on the day of gazettal; except for the following requirements, which the Authority intends to come into effect on July 1999:
- limits on the number of people per vessel or aircraft that may enter Locations; and
- requirements for tourism operations to either operate for not more than 50 days a year and with a booking, or operate in accordance with a relevant permission or authorisation granted consistent with this Plan;
l Holders of existing tourist program permissions formally notified of transition requirements.
l Consideration of authorised exemption or permission consistent with this Plan.
Note: Existing tourist program permissions will only be considered for authorised exceptions or new permissions consistent with this Plan if the existing permission holder requests an authorisation to be used in conjunction with the current relevant permission or a new relevant permission, and supplies necessary information in relation to eligibility criteria.
PART 2 – ENFORCEMENT PROVISIONS
Note:
1. Regulations may be made providing for giving effect to the enforcement provisions of a plan of management or to the enforcement provisions of an amendment of a plan of management. See paragraph 66(2)(ba) of the Act.
2. The Act provides for offences in relation to:
(a) the use or entry of a zone for a purpose other than a purpose permitted under a zoning plan; or
(b) the use or entry of a zone without a relevant permission where permission is required under the zoning plan; or
(c) the contravention of a condition to which a relevant permission is subject.
See Act, sections 38A, 38B and 38C.
2.1 SPECIAL ACCESS TO, OR USE OF, THE AREA
The Authority intends to provide in Regulations an exemption from the provisions of this part that restrict access to, or use of, the Area for a person:
(a) to enforce a law of the Commonwealth or Queensland by a person authorised under that law (or another law of that kind) to enforce the law;
(b) to carry out government reconnaissance or government surveillance;
(c) whose purpose of use and entry is for a purpose provided for in clause 19 (`Access in special circumstances’) or clause 20 (`Research and monitoring’) of the Zoning Plan.
2.2 RESTRICTIONS ON ACCESS TO LOCATIONS IN THE AREA - GENERALLY
(a) The Authority intends to provide in Regulations limitations on the number of people on a vessel or aircraft that can access Locations in the Area, as follows:
(i) into a low use Location if the vessel or aircraft is carrying more than 15 people; or
(ii) into a moderate use Location if the vessel or aircraft is carrying more than 60 people.
(a) It is intended that subclause (a) will not apply to:
(i) a person who operates a vessel or aircraft into a Location if it is in transit, by the most direct and reasonable route practicable, to a place outside the Location;
(ii) a person who operates a vessel or aircraft into a Location if it is being used in accordance with a relevant permission or an authorisation to which subclauses 2.14(c), 2.14(d), 2.15(c) and 2.15(d) apply and that relevant permission or authorisation endorses use and entry contrary to subclause 2.2(a);
(iii) a person who operates a vessel or aircraft into a Location if it is operating to a pontoon or a mooring within a pontoon site (except a pontoon or a mooring in a pontoon site at the Low Island Locality); or
(iv) traditional inhabitants for activities, not involving the taking of plants, animals or marine products, for the purposes of Aboriginal or Torres Strait Islander custom or tradition.
(a) The Authority intends that this clause will come into effect on 1 July 1999.
2.3 RESTRICTIONS ON ACCESS TO RIBBON REEFS SECTOR
The Authority intends to provide in Regulations that a person must not operate a vessel or aircraft, unless in transit, into a Location in the Ribbon Reefs Sector on more than 30 days in any period of 60 days.
2.4 RESTRICTIONS ON USE OF PUBLIC MOORINGS
The Authority intends to provide in Regulations that a person must not attach a vessel or aircraft to a public mooring in the Area for more than 4 hours in any period of 24 hours.
2.5 RESTRICTIONS ON INSTALLATION AND OPERATION OF PRIVATE MOORINGS
The Authority intends to provide in Regulations that from 1 July 1999 a person who has been granted a relevant permission to install or operate a private mooring, must ensure that the mooring is marked by a standard type of mooring buoy, in accordance with the Regulations, that easily distinguishes the design specification and relevant permission number.
2.6 RESTRICTIONS ON DAMAGING CORAL AND ANCHORING
(a) The Authority intends to provide in Regulations that a person must not knowingly, recklessly or negligently damage, including running aground or anchoring on coral in the Area.
(b) It is intended that in regard to subclause (a) special consideration would be given to a person who anchors a vessel or aircraft with due care to avoid damage to coral:
(i) for protection from a wind blowing from the north;
(ii) using a lightweight reef pick; or
(iii) in a Reef Anchorage as described in Schedule 8.
(a) The Authority intends to provide in Regulations that a person must not anchor a large vessel in a Location except if anchoring:
(i) in a Reef Anchorage as described in Schedule 8;
(ii) Lizard Island Locality 2;
(iii) Lizard Island Locality 3;
(iv) Ribbon Reef No. 5 (15-038); or
(v) Ribbon Reef No. 2 (15-075).
(a) The Authority intends to provide in Regulations that a person must not anchor a ship in a Location other than:
(i) Lizard Island Locality 2;
(ii) Lizard Island Locality 3;
(iii) Ribbon Reef No. 5 (15-038); or
(iv) Ribbon Reef No. 2 (15-075).
2.7 RESTRICTIONS ON ANCHORING IN MOORING SITES OR PONTOON SITES
(a) The Authority intends to provide in Regulations that a person must not anchor a vessel or aircraft:
(i) within a mooring site in the Area; or
(ii) within a pontoon site in the Area.
(a) It is intended that subclause (a) does not apply to a person who anchors a vessel or aircraft in a mooring site or a pontoon site at:
(i) Lizard Island Locality 2;
(ii) Lizard Island Locality 3;
(iii) Cape Tribulation Bay Locality 1;
(iv) East Hope Island Reef (15-065);
(v) Low Island Locality; or
(vi) Green Island Reef Locality 1.
2.8 RESTRICTIONS ON MOTORISED WATER SPORTS AND USE OF HOVERCRAFT
The Authority intends to provide in Regulations that a person must not operate a hovercraft, or a vessel used for motorised water sport, in a Location, other than within Lizard Island Locality 2.
2.9 RESTRICTIONS ON TAKE OF DUGONG
The Authority intends to provide in Regulations that a person must not take a dugong within the Area.
2.10 RESTRICTIONS ON ACTIVITIES WITHIN COD HOLE LOCALITY
The Authority intends to provide in Regulations that a person must not anchor within the Cod Hole Locality.
2.11 RESTRICTIONS ON ACTIVITIES WITHIN LIZARD ISLAND LOCALITY 1
The Authority intends to provide in Regulations that a person must not:
(a) anchor a vessel or aircraft within Lizard Island Locality 1 if the vessel or aircraft has an overall length of more than 7 metres.
(b) fish (except trolling for pelagic species or bait netting for pelagic species) inshore of the coastal 250 metre line of Lizard Island Locality 1.
2.12 RESTRICTIONS ON ACTIVITIES WITHIN LOW ISLAND LOCALITY
The Authority intends to provide in Regulations that a person must not:
(a) operate a vessel or aircraft under power at a speed greater than 6 knots within the Low Island Locality; or
(b) be on Low Island earlier than sunrise, or later than sunset, on any day; or
(c) intentionally, recklessly or negligently discharge waste within the Low Island Locality.
2.13 RESTRICTIONS ON ACTIVITIES WITHIN MICHAELMAS CAY LOCALITY
The Authority intends to provide in Regulations that a person must not operate:
(a) a vessel or aircraft under power at a speed greater than 6 knots within the Michaelmas Cay Locality; or
(b) a horn, loudspeaker or siren within the Michaelmas Cay Locality.
2.14 TOURIST PROGRAMS – RESTRICTIONS ON ACCESS TO, AND USE OF, THE AREA
The Authority intends to provide in Regulations that:
(a) This clause will come into effect on 1 July 1999.
(b) A person must not operate a vessel or aircraft in the Area, for the purpose of conducting a tourist program;
(i) on more than 50 days per year; and
(ii) without a booking.
(a) Subclause (b) will not apply to a person:
(i) operating a vessel or aircraft for the purposes of conducting a tourist program to a private mooring or pontoon in a Location other than a Sensitive Location; and
(ii) who has the permission of the permit holder to access that private mooring or pontoon; or
(iii) who has an authorisation from the Authority to operate in accordance with an exception allowable under this Plan; or
(iv) who has been granted a relevant permission in relation to the Area after the commencement date of the Plan and is operating in accordance with that permission.
(a) Subclause (b) will not apply to a person who holds an existing relevant permission to operate a vessel or aircraft in the Area, for the purpose of tourism and:
(i) has made application to the Authority before 1 July 1999 for a relevant permission or an authorisation; and
(ii) has not received a decision from the Authority in relation to this application.
2.15 TOURIST PROGRAMS – RESTRICTIONS ON ACCESS TO, AND USE OF, SENSITIVE LOCATIONS
The Authority intends to provide in Regulations that:
(a) A person must not operate an aircraft in a Sensitive Location, other than Cod Hole Locality and Lizard Island Locality 1, for the purpose conducting a tourist program.
(b) A person must not operate a vessel in a Sensitive Location, other than Cod Hole Locality and Lizard Island Locality 1, for the purpose of conducting a tourist program:
(i) on more than 50 days per year; and
(ii) without a booking.
(c) Subclauses (a) and (b) will not apply to a person:
(i) who has an authorisation from the Authority to operate in accordance with an exception allowable under this Plan; or
(ii) who has been granted a relevant permission in relation to the Sensitive Location after the commencement date of the Plan and is operating in accordance with that permission.
(c) Subclauses (a) and (b) will not apply to a person who holds an existing relevant permission to operate a vessel or aircraft in the Sensitive Location, for the purpose of tourism and:
(i) has made application to the Authority before 1 July 1999 for a relevant permission or an authorisation; and
(ii) has not received a decision from the Authority in relation to this application.
SCHEDULE 1 – CAIRNS AREA BOUNDARY
The Cairns Area comprises:
1. the area of the Great Barrier Reef Marine Park the boundary of which is defined by the coastal 1500 metre line around the island group comprising the 4 islands—Lizard Island (14-116a), Palfrey Island (14-116b), South Island (14-116c) and Seabird Islet (14-116d); and
2. the area of the Great Barrier Reef Marine Park the boundary of which:
(a) commences at the easternmost intersection of the parallel of latitude 17°19.95' south by the 5 kilometre line which is the landward boundary of the Cairns Section;
(b) then runs generally northerly along the landward boundary of the Cairns Section to its intersection by the coastal 1 kilometre line around High Island;
(c) then generally north-westerly, northerly and north-easterly along that coastal 1 kilometre line to its intersection by the 5 kilometre line which is the landward boundary of the Cairns Section;
(d) then generally north-westerly and northerly along the 5 kilometre line to its southernmost intersection by the coastal 5 kilometre line around Fitzroy Island;
(e) then generally easterly, north-easterly, northerly, north-westerly and westerly along that coastal 5 kilometre line north-easterly to its intersection by the 5 kilometre line;
(f) then generally north-westerly and westerly along the 5 kilometre line to its intersection by the geodesic between the point of latitude 16°49.70' south, longitude 145°53.40' east and the intersection of the parallel of latitude 16°47.20' south by the 5 kilometre line;
(g) then north-westerly, northerly and north-easterly along the 5 kilometre line to its intersection with the geodesic between the point of latitude 16°19.00' south, longitude 145°30.00' east and the intersection of the parallel of latitude 16°17.00' south with the coastline at low water;
(h) then north-westerly along that geodesic to the intersection of the parallel of latitude 16°17.00' south with the coastline at low water;
(i) then generally northerly and north-westerly along that coastline at low water to its intersection by the meridian of longitude 145°22.71' east;
(j) then north-easterly along the geodesic to the point of latitude 15°43.00' south, longitude 145°25.33' east;
(k) then easterly along the geodesic to the point of latitude 15°42.85' south, longitude 145°28.23' east;
(l) then south-easterly along the geodesic to the point of latitude 15°45.70' south, longitude 145°35.30' east;
(m) then north-easterly along the geodesic to the point of latitude 15°42.55' south, longitude 145°45.86' east;
(n) then northerly along the geodesic to the point of latitude 15°07.20' south, longitude 145°39.86' east;
(o) then north-westerly along the geodesic to the point of latitude 15°04.23' south, longitude 145°37.98' east;
(p) then northerly along the geodesic to the point of latitude 14°42.80' south, longitude 145°39.95' east;
(q) then north-westerly along the geodesic to the point of latitude 14°27.26' south, longitude 145°26.73' east;
(r) then north-westerly along the geodesic to its intersection by the northern boundary of the Cairns Section being the geodesic between the point of latitude 14°18.27' south, longitude 145°39.00' east and the point of latitude 14°40.00' south, longitude 144°56.05' east;
(s) then north-easterly along that geodesic to the point of latitude 14°18.26' south, longitude 145°39.00' east;
(t) then south-easterly along the geodesic to the point of latitude 15°00.00' south, longitude 146°00.00' east;
(u) then south-easterly along the geodesic to the point of latitude 16°44.60' south, longitude 146°41.83' east;
(v) then south-westerly along the geodesic to the point of commencement.
SCHEDULE 2 – SECTOR DESCRIPTIONS
1. Lizard Island Sector
The Lizard Island Sector of the Cairns Area is the part of the Great Barrier Reef Marine Park the boundary of which is defined by the coastal 1500 metre line around the island group comprising the 4 islands—Lizard Island (14-116a), Palfrey Island (14-116b), South Island (14-116c) and Seabird Islet (14-116d).
2. Ribbon Reefs Sector
The Ribbon Reefs Sector of the Cairns Area is the part of the Great Barrier Reef Marine Park bounded by a line which:
(a) commences at the point of latitude 15°42.55' south, longitude 145°45.86' east;
(b) then runs northerly along the geodesic to the point of latitude 15°07.20' south, longitude 145°39.86' east;
(c) then north-westerly along the geodesic to the point of latitude 15°04.23' south, longitude 145°37.98' east;
(d) then northerly along the geodesic to the point of latitude 14°42.80' south, longitude 145°39.95' east;
(e) then north-westerly along the geodesic to the point of latitude 14°27.26' south, longitude 145°26.73' east;
(f) then north-westerly along the geodesic to its intersection by the northern boundary of the Cairns Section being the geodesic between the point of latitude 14°18.27' south, longitude 145°39.00' east and the point of latitude 14°40.00' south, longitude 144°56.50' east;
(g) then north-easterly along that geodesic to the point of latitude 14°18.27' south, longitude 145°39.00' east;
(h) then south-easterly along the geodesic to the point of latitude 15°00.00' south, longitude 146°00.00' east;
(i) then south-easterly along the geodesic to the point of latitude 15°32.01' south, longitude 146°12.80' east;
(j) then south-westerly along the geodesic to the point of commencement.
3. Offshore Port Douglas Sector
The Offshore Port Douglas Sector of the Cairns Area is the part of the Great Barrier Reef Marine Park bounded by a line which:
(a) commences at the easternmost intersection of the parallel of latitude 16°41.90' south by the 5 kilometre line which is the landward boundary of the Cairns Section;
(b) then runs generally north-westerly, northerly and north-easterly along the 5 kilometre line to its intersection with the geodesic between the point of latitude 16°19.00' south, longitude 145°30.00' east and the intersection of the parallel of latitude 16°17.00' south with the coastline at low water;
(c) then north-westerly along that geodesic to the intersection of the parallel of latitude 16°17.00' south with the coastline at low water;
(d) then generally northerly and north-westerly along that coastline at low water to its intersection by the meridian of longitude 145°22.71' east;
(e) then north-easterly along the geodesic to the point of latitude 15°43.00' south, longitude 145°25.33' east;
(f) then easterly along the geodesic to the point of latitude 15°42.85' south, longitude 145°28.23' east;
(g) then south-easterly along the geodesic to the point of latitude 15°45.70' south, longitude 145°35.30' east;
(h) then north-easterly along the geodesic to the point of latitude 15°42.55' south, longitude 145°45.86' east;
(i) then north-easterly along the geodesic to its intersection by the external boundary of the Cairns Section at the point of latitude 15°32.01' south, longitude 146°12.80' east;
(j) then south-easterly along the geodesic to the point of latitude 15°49.65' south, longitude 146°19.85' east;
(k) then south-westerly along the geodesic to the point of commencement.
4. Offshore Cairns Sector
The Offshore Cairns Sector of the Cairns Area is the part the Great Barrier Reef Marine Park bounded by a line which:
(a) commences at the easternmost intersection of the parallel of latitude 16°50.30' south by the 5 kilometre line which is the landward boundary of the Cairns Section;
(b) then runs generally north-westerly and westerly along the 5 kilometre line to its intersection by the geodesic between the point of latitude 16°49.70' south, longitude 145°53.40' east and the intersection of the parallel of latitude 16°47.20' south by the 5 kilometre line and then along this geodesic to its intersection with the 5 kilometre line;
(c) then generally north-westerly along the landward boundary of the Cairns Section to the point of latitude 16°41.90' south, longitude 145°41.58' east;
(d) then north-easterly along the geodesic its intersection by the external boundary of the Cairns Section at the point of latitude 15°49.65' south, longitude 146°19.85' east;
(e) then south-easterly along the geodesic to the point of 16°28.86' south, longitude 146°35.55' east;
(f) then south-westerly along the geodesic to the point of commencement.
5. South Offshore Cairns Sector
The South Offshore Cairns Sector of the Cairns Area is the part of the Great Barrier Reef Marine Park bounded by a line which:
(a) commences at the point of latitude 17°15.86' south, longitude 146°08.40' east;
(b) then runs north-westerly along the geodesic to the easternmost intersection of the parallel of latitude 17°06.11' south by the 5 kilometre line which is the landward boundary of the Cairns Section;
(c) then generally north-westerly and northerly along the 5 kilometre line to its southernmost intersection by the coastal 5 kilometre line around Fitzroy Island;
(d) then generally easterly, north-easterly, northerly, north-westerly and westerly along that coastal 5 kilometre line north-easterly to its intersection by the 5 kilometre line;
(e) then generally north-westerly to the easternmost intersection of the parallel of latitude 16°50.30' south by the 5 kilometre line;
(f) then north-easterly along the geodesic to the point of intersection with the external boundary of the Cairns Section at the point of latitude 16°28.86' south, longitude 146°35.55' east;
(g) then south-easterly along the geodesic to the point of latitude 16°44.60' south, longitude 146°41.83' east;
(h) then south-westerly along the geodesic to the point of commencement.
6. Frankland Islands Sector
The Frankland Islands Sector of the Cairns Area is the part of the Great Barrier Reef Marine Park bounded by a line which:
(a) commences at the easternmost intersection of the parallel of latitude 17°19.95' south by the 5 kilometre line which is the landward boundary of the Cairns Section;
(b) then runs generally northerly along the landward boundary of the Cairns Section to its intersection by the coastal 1 kilometre line around High Island;
(c) then generally north-westerly, northerly and north-easterly along that coastal 1 kilometre line to its intersection by the 5 kilometre line;
(d) then generally north-westerly along that landward boundary to the easternmost intersection of the parallel of latitude 17°06.11' south by the 5 kilometre line;
(e) then south-easterly along the geodesic to the point of latitude 17°15.86'' south, longitude 146°08.40' east;
(f) then south-westerly along the geodesic to the point of commencement.
SCHEDULE 3 – LOCALITY DESCRIPTIONS
1. Lizard Island Locality 1
Lizard Island Locality 1 of the Cairns Area is the part of the Lizard Island Sector bounded by a line which:
(a) commences at the southern end of Turtle Beach at low water;
(b) then runs generally south-westerly along the geodesic on a bearing of 235° for a distance of approximately 1850 metres to the point of longitude 145°26.20' east, latitude 14°39.80' south;
(c) then northerly along the geodesic for a distance of approximately 2200 metres to its intersection with the coastal 1500 metre line;
(d) then generally north-easterly and easterly along the coastal 1500 metre line to its intersection with the meridian of longitude 145°27.21' east;
(e) then southerly along that meridian to its intersection with the coastline of Lizard Island at low water, which is the northern extremity of North Point; and
(f) then generally south-south-easterly, south-westerly, north-westerly, south-south-westerly, south-south-easterly along the coastline of Lizard Island at low water to the point of commencement.
2. Lizard Island Locality 2
Lizard Island Locality 2 of the Cairns Area is the part of the Lizard Island Sector bounded by a line which:
(a) commences at the north-western extremity of point immediately south east of Osprey Island (14-118a), located at low water at point of latitude 140º40.14’ south, longitude 145°26.61’ east;
(b) then runs generally north westerly along the geodesic on a bearing of 310 ° for a distance of approximately 990 metres to the point of latitude 14°39.80' south, longitude 145°26.20' east;
(c) then generally north-easterly along the geodesic on a bearing of 55° for a distance of approximately 800 metres to the point of latitude 14°39.55' south, longitude 145°26.56' east;
(d) then generally south-easterly along the geodesic on a bearing of 155° for a distance of approximately 950 metres to the north-western extremity of Chinaman's Ridge at low water; and
(e) then generally southerly, south-westerly, north-westerly, south-westerly, south easterly, southerly, west-south-westerly along the coastline of Lizard Island at low water to the point of commencement.
3. Lizard Island Locality 3
Lizard Island Locality 3 of the Cairns Area is the part of the Lizard Island Sector bounded by a line which:
(a) commences at the north-western extremity of Chinamans Ridge at low water;
(b) then runs generally north-westerly along the geodesic on a bearing of 325° for a distance of approximately 950 metres to the point of longitude 145°26.56' east, 14°39.55' south;
(c) then generally north-easterly along the geodesic on a bearing of 55° for a distance of approximately 1050 metres to the southern end of Turtle Beach at low water; and
(d) then generally south-westerly, south, south-easterly, south-westerly, and west-north-westerly along the coastline of Lizard Island at low water to the point of commencement.
4. Lizard Island Locality 4
Lizard Island Locality 4 of the Cairns Area is the part of the Lizard Island Sector:
(a) within the National Park Zone of Lizard Island (Lizard Head to South Bay Point), as described in item E.7 in the Schedule to the Zoning Plan; and
(b) within the Buffer Zone of Lizard Island (South Bay Point to South Island), as described in item D.5 in the Schedule to the Zoning Plan; and
(c) within the Conservation Park Zone of Lizard Island (South Bay Point to Lizard Head), as described in item C.1 in the Schedule to the Zoning Plan; not including any or all parts of Lizard Island Locality 1, Lizard Island Locality 2 or Lizard Island Locality 3 which may fall within the Conservation Park Zone.
5. Cod Hole Locality
The Cod Hole Locality of the Cairns Area is the part of the Ribbon Reefs Sector bounded by a line which:
(a) commences at the westernmost intersection of the reef crest of Ribbon Reef No 10 by the parallel of latitude 14°40.25' south;
(b) then runs west along that parallel to its intersection by the 100 metre line around Ribbon Reef No 10;
(c) then generally north-easterly along that 100 metre line to its intersection by the meridian of longitude 145°39.9' east;
(d) then south along that meridian to its northern most point of intersection by the reef crest of Ribbon Reef No 10; and
(e) then south-westerly along that reef crest to the point of commencement.
6. Cape Tribulation Bay Locality 1
Cape Tribulation Bay Locality 1 of the Cairns Area is the part of the Offshore Port Douglas Sector bounded by a line which:
(a) commences at the intersection of the parallel of latitude 16°05.00' south by the coastline of the mainland at low water, south of Cape Tribulation;
(b) then runs generally northerly and north-westerly along that coastline at low water to its intersection by the parallel of latitude 16°03.00' south;
(c) then east along that parallel to its intersection by the coastal 500 metre line of the mainland;
(d) then generally south-easterly and southerly along the coastal 500 metre line to its intersection by the parallel of latitude 16°05.00' south; and
(e) then west along that parallel to the point of commencement.
7. Cape Tribulation Bay Locality 2
Cape Tribulation Bay Locality 2 of the Cairns Area is the part of the Offshore Port Douglas Sector bounded by a line which:
(a) commences at the intersection of the parallel of latitude 16°03.00' south by the coastline of the mainland at low water, north of Cape Tribulation;
(b) then runs generally northerly and north-westerly along that coastline at low water to its intersection by the meridian of longitude 145°22.72' east;
(c) then north along that meridian to its intersection by the coastal 500 metre line of the mainland;
(d) then generally southerly along the coastal 500 metre line to its easternmost intersection by the parallel of latitude 16°03.00' south; and
(e) then west along that parallel to the point of commencement.
8. Alexandra Bay Locality
The Alexandra Bay Locality of the Cairns Area is the part of the Offshore Port Douglas Sector within the Conservation Park Zone of Alexandra Bay, as described in item C.5 in the Schedule to the Zoning Plan
9. Low Island Locality
The Low Island Locality of the Cairns Area is the part of the Offshore Port Douglas Sector bounded by:
(a) the meridians of longitude 145°33.50' east and longitude 145°34.00' east; and
(b) the parallels latitude 16°22.85' south and latitude 16°23.20' south.
10. Hastings Reef Locality 1
Hastings Reef Locality 1 of the Cairns Area is the part of the Offshore Cairns Sector within:
(a) the Buffer Zone of Hastings Reef (16-057), described in item D.9 of the Schedule to the Zoning Plan; and
(b) the National Park Zone of Hastings Reef (16-057), described in item E.1 of the Schedule to the Zoning Plan.
11. Hastings Reef Locality 2
Hasting Reef Locality 2 of the Cairns Area is the part of the Offshore Cairns Sector at Hastings Reef (16-057) within the Habitat Protection Zone that is described in item B.9 of the Schedule to the Zoning Plan, and includes the area seawards out to the 500 metre line surrounding that reef.
12. Michaelmas Cay Locality
The Michaelmas Cay Locality of the Cairns Area is the part of the Offshore Cairns Sector within one nautical mile of Michaelmas Cay.
13. Euston Reef Locality
The Euston Reef Locality of the Cairns Area is the part of the South Offshore Cairns Section within the Buffer Zone of Euston Reef (16-063) as described in item D.1 in the Schedule to the Zoning Plan.
14. Green Island Reef Locality 1
Green Island Reef Locality 1 of the Cairns Area is the part of the Offshore Cairns Sector bounded by a line which:
(a) commences at the intersection of the geodesic between the point of latitude 16°46.00' south, longitude 145°57.40' east and the point of latitude 16°45.00' south, longitude 146°00.00' east by the coastline of Green Island at low water on the southern side;
(b) then runs generally south-westerly along that geodesic to a point 500 metres seaward from the coast of Green Island at low water;
(c) then generally north-westerly, northerly, north-easterly, south-easterly always remaining 500 metres seaward from the coast of Green Island at low water to the intersection of the geodesic between the points of latitude 16°46.00' south, longitude 145°57.40' east and latitude 16°45.00' south, longitude 146°00.00' east;
(d) then generally south-westerly along that geodesic to its intersection with the coast of Green Island at low water;
(e) then generally north-westerly, southerly and south-easterly to the point of commencement.
15. Green Island Reef Locality 2
Green Island Reef Locality 2 of the Cairns Area is the part of the Offshore Cairns Sector bounded by a line which:
(a) commences at the intersection of the geodesic between the points of latitude 16°46.00' south, longitude 145°57.40' east and latitude 16°45.00' south, longitude 146°00.00' east and the 500 metre line to the south-western side of Green Island Reef;
(b) then runs generally north-westerly, northerly, north-easterly, easterly and south-easterly along the 500 metre line to its intersection by the geodesic between the points of latitude 16°46.00' south, longitude 145°57.40' east and latitude 16°45.00' south, longitude 146°00.00' east;
(c) then generally south-westerly along that geodesic to the point of latitude 16°45.48' south, longitude 145°58.76' east;
(d) then generally north-westerly, south-westerly and southerly always remaining 500 metres seaward from the coast of Green Island at low water to its intersection by the geodesic between the points of latitude 16°46.00' south, longitude 145°57.40' east and latitude 16°45.00' south, longitude 146°00.00' east;
(e) then generally south-westerly along that geodesic to the point of commencement.
16. Green Island Reef Locality 3
Green Island Reef Locality 3 of the Cairns Area is the part of the Offshore Cairns Sector bounded by a line which:
(a) commences at the intersection of the geodesic between the points of latitude 16°46.00' south, longitude 145°57.40' east and latitude 16°45.00' south, longitude 146°00.00' east and the 500 metre line, to the south-western side of Green Island Reef;
(b) then runs generally north-easterly along that geodesic to its intersection with the coast of Green Island at low water;
(c) then easterly, north-easterly and north-westerly along the coastline of Green Island at low water to its intersection by the geodesic between the points of latitude 16°46.00' south, longitude 145°57.40' east and latitude 16°45.00' south, longitude 146°00.00' east;
(d) then north-easterly along that geodesic to its intersection by the 500 metre line of Green Island Reef;
(e) then generally south-easterly, south-westerly and north-westerly, along the 500 metre line to the point of commencement.
17. Moore Reef Locality 1
Moore Reef Locality 1 of the Cairns Area is the part of the South Offshore Cairns Sector within:
(a) the Buffer Zone of Moore Reef (16-071), described in item D.10 of the Schedule to the Zoning Plan; and
(b) the National Park Zone of Moore Reef (16-071), as described in item E.1 of the Schedule to the Zoning Plan.
18. Moore Reef Locality 2
Moore Reef Locality 2 of the Cairns Area is the part of the South Offshore Cairns Sector at Moore Reef (16-071) within the Habitat Protection Zone as described in item B.10 of the Schedule to the Zoning Plan and includes the area seawards out to the 500 metre line surrounding that reef.
19. Sudbury Cay Locality
The Sudbury Cay Locality of the Cairns Area is the part of the South Offshore Cairns Sector within one nautical mile of Sudbury Cay.
SCHEDULE 4 – LEVEL OF USE AT LOCATIONS
1. LIZARD ISLAND SECTOR
| Intensive use Location | Moderate use Location | Low use Location |
| Lizard Island Locality 2 | | Lizard Island Locality 1 |
| Lizard Island Locality 3 | | Lizard Island Locality 4 |
2. RIBBON REEFS SECTOR
| Intensive use Location | Moderate use Location | Low use Location |
| Ribbon Reef No. 5 (15-038) | Hicks Reef (14-086) | |
| Ribbon Reef No. 2 (15-075) | Day Reef (14-089) | |
| | Yonge Reef (14-138) | |
| | No Name Reef (14-139) | |
| | unnamed reef (14-140) | |
| | Ribbon Reef No 10 (14-146) (except the part described in item 5 of Schedule 3) | |
| | Cod Hole Locality | |
| | unnamed reef (14-151) | |
| | unnamed reef (14-152) | |
| | unnamed reef (14-153) | |
| | Ribbon Reef No 9 (14-154) | |
| | unnamed reef (15-017) | |
| | Ribbon Reef No 8 (15-021) | |
| | unnamed reef (15-023) | |
| | Harrier Reef (15-025) | |
| | Ribbon Reef No 7 (15-026) | |
| | unnamed reef (15-034) | |
| | unnamed reef (15-037) | |
| | unnamed reef (15-040) | |
| | unnamed reef (15-041) | |
| | unnamed reef (15-042) | |
| | Ribbon Reef No 4 (15-046) | |
| | Ribbon Reef No 3 (15-050) | |
| | unnamed reef (15-072) | |
| | unnamed reef (15-073) | |
| | unnamed reef (15-079) | |
| | Ribbon Reef No 1 (15-080) | |
| | Lena Reef (15-085) | |
3. OFFSHORE PORT DOUGLAS SECTOR
| Intensive use Location | Moderate use Location | Low use Location |
| Rachel Carson Reef (15-092) | Anderson Reef (15-090) | West Hope Island Reef (15-064) |
| Agincourt Reefs (15-099 | unnamed reef (15-091a) | East Hope Island Reef (15-065) |
| Agincourt No. 4 Reef (15-096) | unnamed reef (15-091b) | Pearl Reef (15-087) |
| Agincourt No. 3a Reef (15-099a) | Escape Reef (15-094) | Lake Reef (15-068) |
| Agincourt No. 2b Reef (15-099b) | Cape Tribulation Bay Locality 1 | Ruby Reef (15-088) |
| Agincourt No. 2 Reef (no reef identification number) | Morning Reef (15-098) | Endeavour Reef (15-089) |
| Agincourt No. 2d Reef (15-099d) | Bonner Rock Reef (15-097) | Pickersgill Reef (15-093) |
| Agincourt No. 1c Reef (15-099c) | Spitfire Reef (16-012a) | Evening Reef (15-095) |
| unnamed reef (16-013a) | Spitfire Reef (16-012b) | Cape Tribulation Bay Locality 2 |
| unnamed reef (16-013b) | unnamed reef (16-011) | Alexandra Bay Locality |
| unnamed reef (16-013c) | unnamed reef (16-014a) | Black Rock (16-005) |
| St. Crispin Reef (16-019) | unnamed reef (16-014b) | unnamed reef (16-022a) |
| | Mackay Reef (16-015) unnamed reef (16-016) Unnamed reef (16-017) | unnamed reef (16-022b) Rudder Reef (16-023) Tongue Reef (16-026) |
| | unnamed reef (16-018a) | Snapper Island Reef (16-006) |
| | Unnamed reef (16-018b) | unnamed reef (16-027) |
| | Undine Reef (16-020) Pratt Rock Reef (16-021) Opal Reef (16-025) | Low Isles Reef (16-028) (except the part described in item 9 of Schedule 3) |
| | | Low Island Locality |
| | | Batt Reef (16-029) |
| | | Satellite Reef (16-031) |
| | | Egmont Reef (16-038) |
| | | |
| | | |
4. OFFSHORE CAIRNS SECTOR
| Intensive use Location | Moderate use Location | Low use Location |
| Norman Reef (16-030) | Saxon Reef (16-032) | Linden Bank (16-033) |
| Hastings Reef Locality 1 | Hastings Reef Locality 2 | Spur Reef (16-034) |
| | Jorgies Patches Reef (16-041) | Onyx Reef (16-035) |
| | Breaking Patches Reef (16-042) | Nicholas Reef (16-036) |
| | Oyster Reef (16-043) | Hope Reef (16-058) |
| | Pretty Patches (16-062a) | Pixie Reef (16-040) |
| | Pretty Patches (16-062b) | Michaelmas Reef (16-060) (except the part described in item 12 of Schedule 3) |
| | Pretty Patches (16-062c) | Michaelmas Cay Locality |
| | Upolu Cay Reef (16-046) | unnamed reef (16-059) |
| | Green Island Reef Locality 1 | Fin Reef (16-061) |
| | Green Island Reef Locality 2 | unnamed reef (16-044a) |
| | | Vlasoff Reef (16-044b) |
| | | Arlington Reef (16-064) |
| | | Green Island Reef Locality 3 |
5. SOUTH OFFSHORE CAIRNS SECTOR
| Intensive use Location | Moderate use Location | Low use Location |
| Moore Reef Locality 1 | Flynn Reef (16-065) | Euston Reef Locality |
| | Jenny Louise Shoal (16-066a) | Elford Reef (16-073) |
| | Jenny Louise Shoal (16-066b) | Briggs Reef (16-074) |
| | Milln Reef (16-067) | Sudbury Reef (17-001a) |
| | Thetford Reef (16-068) | Sudbury Reef (17-001b) (except the part described in item 19 of Schedule 3) |
| | Baines Patches (16-069) | Sudbury Cay Locality |
| | Moore Reef Locality 2 | Stagg Patches (17-002a) |
| | Pellowe Reef (16-070) | Stagg Patches (17-002b) |
| | Channel Reef (16-075) | Scott Reef (17-004) |
6. FRANKLAND ISLANDS SECTOR
| Intensive use Location | Moderate use Location | Low use Location |
| | | High Island Reef (17-009) |
| | | Normanby Island Reefs (17-012a) |
| | | Jones Patch (17-012b) |
| | | Russell and Round Islands Reefs |
| | | (17-013) |
SCHEDULE 5 – SENSITIVE LOCATIONS
| Location Limit to bookings |
| Lizard Island Locality 1 no set limit |
| Cod Hole Locality no set limit |
| Cape Tribulation Locality 1 1 vessel per day |
| East Hope Island Reef (15-065) 2 vessels per day |
| West Hope Island Reef (15-064) 1 vessel per day |
| Snapper Island Reef (16-006) 1 vessel per day |
| Low Island Locality 2 vessels per day |
| Michaelmas Cay Locality 1 vessel per day |
| Green Island Reef (16-049) 4 vessels per day |
| Sudbury Cay Locality 1 vessel per day |
| Frankland Islands Sector 1 vessel per day |
SCHEDULE 6 – PERMANENTLY MOORED FACILITIES –
PRIVATE MOORINGS
1. LIZARD ISLAND SECTOR
| Location | Allowed private moorings |
| Lizard Island Locality 1 Lizard Island Locality 2 | 1 No limit |
| Lizard Island Locality 3 | 6 |
2. RIBBON REEFS SECTOR
| Location | Allowed private moorings |
| No Name Reef (14-139) | 2 |
| unnamed Reef (14-140) | 2 |
| Ribbon Reef No. 10 (14-146) (except the part described in item 5 of Schedule 3) | 2 |
| Cod Hole Locality | 2 |
| unnamed Reef (14-151) | 2 |
| unnamed Reef (14-152) | 2 |
| unnamed Reef (14-153) | 1 |
| Ribbon Reef No. 9 (14-154) | 1 |
| unnamed Reef (15-017) | 1 |
| unnamed Reef (15-023) | 1 |
| Harrier Reef (15-025) | 2 |
| unnamed Reef (15-034) | 1 |
| unnamed Reef (15-037) | 2 |
| Ribbon Reef No. 5 (15-038) | 2 |
| unnamed Reef (15-040) | 1 |
| unnamed Reef (15-041) | 1 |
| unnamed Reef (15-042) | 1 |
| Ribbon Reef No. 3 (15-050) | 2 |
| unnamed Reef (15-072) | 1 |
| unnamed Reef (15-073) | 1 |
| Ribbon Reef No. 2 (15-075) | 3 |
| Ribbon Reef No. 1 (15-080) | 2 |
3. OFFSHORE PORT DOUGLAS SECTOR
| Location | Allowed private moorings |
| East Hope Island Reef (15-065) | 1 |
| Anderson Reef (15-090) | 4 |
| Rachel Carson Reef (15-092) | 2 |
| Cape Tribulation Bay Locality 1 | 4 |
| Escape Reef (15-094) | 4 |
| Agincourt No. 4 Reef (15-096) | 5 |
| Morning Reef (15-098) | 1 |
| Agincourt No. 3a Reef (15-099a) | No limit |
| Agincourt No. 2b Reef (15-099b) | 4 |
| Agincourt No. 2 Reef (no identification number) | 2 |
| Agincourt No. 2d Reef (15-099d) | 5 |
| Agincourt No. 1c Reef (15-099c) | 2 |
| unnamed reef (16-011) | 2 |
| unnamed reef (16-013) | 4 |
| Mackay Reef (16-015) | 5 |
| unnamed reef (16-016) | 1 |
| unnamed reef (16-017) | 1 |
| unnamed reef (16-018) | 2 |
| St. Crispin Reef (16-019) | 4 |
| Undine Reef (16-020) | 3 |
| Rudder Reef (16-023) | 1 |
| Opal Reef (16-025) | 12 |
| unnamed reef (16-024) | 3 |
| Tongue Reef (16-026) | 8 |
| Low Isles Reef (16-028) (except the part described in item 9 of Schedule 3) | 3 |
| Low Island Locality | 6 |
4. OFFSHORE CAIRNS SECTOR
| Location | Allowed private moorings |
| Norman Reef (16-030) | No limit |
| Saxon Reef (16-032) | 5 |
| Hastings Reef Locality 1 | No limit |
| Hastings Reef Locality 2 | 3 |
| Jorgies Patches Reef (16-041) | 3 |
| Michaelmas Reef (16-060) (except the part described in item 12 of Schedule 3) | 2 |
| Michaelmas Cay Locality | 21 |
| Breaking Patches Reef (16-042) | 7 |
| Oyster Reef (16-043) | 2 |
| Pretty Patches Reef (16-062) | 4 |
| Arlington Reef (16-064) | 2 |
| Upolu Cay Reef (16-046) | 13 |
| Green Island Reef Locality 1 | No limit |
| Green Island Reef Locality 2 | 15 |
5. SOUTH OFFSHORE CAIRNS SECTOR
| Location | Allowed private moorings |
| Flynn Reef (16-065) | 7 |
| Milln Reef (16-067) | 11 |
| Thetford Reef (16-068) | 11 |
| Moore Reef Locality 1 | 15 |
| Moore Reef Locality 2 | 15 |
| Pellowe Reef (16-070) | 1 |
| Elford Reef (16-073) | 1 |
| Channel Reef (16-075) | 2 |
| Briggs Reef (16-074) | 3 |
| Sudbury Reef (17-001) (except the part described in item 19 of Schedule 3) | 2 |
| Sudbury Cay Locality | 1 |
6. FRANKLAND ISLANDS SECTOR
| Location | Allowed private moorings |
| Normanby Island Reefs (17-012a) | 2 |
| Russell and Round Islands Reefs (17-013) | 1 |
SCHEDULE 7 – PERMANENTLY MOORED FACILITIES – PONTOONS
| Location | Allowed pontoons |
| Agincourt No. 4 Reef (15-096) | 1 |
| Agincourt No. 3a Reef (15-099a) | No limit |
| Agincourt No. 2d Reef (15-099d) | 2 |
| Norman Reef (16-030) | No limit |
| Hastings Reef Locality 1 | 1 |
| Arlington Reef (16-064) | 3 |
| Moore Reef Locality 1 | 2 |
| Moore Reef Locality 2 | 2 |
| Low Island Locality | 1 |
SCHEDULE 8 – REEF ANCHORAGES
1. LIZARD ISLAND SECTOR
| Location | Reef Anchorage |
| Lizard Island Locality 1 | The area enclosed within 500m of a line from Latitude 14°41.2’ south, longitude 145°27.73’ east to latitude 14°41.52’ south, longitude 145°27.38’ east. |
2. RIBBON REEFS SECTOR
| Location | Reef Anchorage |
| No Name Reef (14-139) | The area enclosed within 500 m of a line from latitude 14°38.9’ south, longitude 145°38.67’ east to latitude 14°39.18’ south, longitude 145°38.65’ east. |
| No Name Reef (14-139) | The area enclosed within 250m of a point located at latitude 14°38.43’ south, longitude 145°38.67’ east. |
| Ribbon Reef No. 10 (14-146) | The area enclosed within 250m of a line from latitude 14°49.84’ south, longitude 145°43.36’ east to latitude 14°51.79’ south, longitude 145°43.2’ east. |
| Ribbon Reef No. 10 (14-146) | The area enclosed within 500m of a point located at latitude 14°54.19’ south, longitude 145°42.58’ east. |
| Ribbon Reef No. 9 (14-154) | The area enclosed within 500m of a point located at latitude 14°59.07’ south, longitude 145°42.48’ east. |
| Ribbon Reef No. 8 (15-021) | The area enclosed within 250m of a line from latitude 15°06.01’ south, longitude 145°42.95’ east to latitude 15°06.21’ south, longitude 145°42.9’ east. |
| Ribbon Reef No. 8 (15-021) | The area enclosed within 250m of a line from latitude 15°04.03’ south, longitude 145°43.21’ east to latitude 15°04.7’ south, longitude 145°43.21’ east. |
| Ribbon Reef No. 8 (15-021) | The area enclosed within 250m of a point located at latitude 15°02.6’ south, longitude 145°42.45’ east. |
| Ribbon Reef No. 7 (15-026) | The area enclosed within 500m of a line from latitude 15°12.65’ south, longitude 145°44.41’ east to latitude 15°13.04’ south, longitude 145°44.33’ east. |
| Ribbon Reef No. 7 (15-026) | The area enclosed within 500m of a line from latitude 15°09.68’ south, longitude 145°43.39’ east to latitude 15°10.29’ south, longitude 145°43.54’ east. |
| Harrier Reef (15-025) | The area enclosed within 100m of a line from latitude 15°08.23’ south, longitude 145°41.29’ east to latitude 15°08.25’ south, longitude 145°41.17’ east. |
| Ribbon Reef No. 5 (15-038) | The area enclosed within 500m of a line from latitude 15°22.42’ south, longitude 145°46.65’ east to latitude 15°22.68’ south, longitude 145°46.65’ east. |
| Ribbon Reef No. 5 (15-038) | The area enclosed within 500m of a point located at latitude 15°20.98’ south, longitude 145°46.52’ east. |
2. RIBBON REEFS SECTOR (continued)
| Location | Reef Anchorage |
| Ribbon Reef No. 4 (15-046) | The area enclosed within 100m of a line from latitude 15°25.07’ south, longitude 145°47.4’ east to latitude 15°25.26’ south, longitude 145°47.63’ east. |
| Ribbon Reef No. 3 (15-050) | The area enclosed within 500m of a line from latitude 15°29.31’ south, longitude 145°47.99’ east to latitude 15°30.3’ south, longitude 145°47.89’ east. |
| Ribbon Reef No. 3 (15-050) | The area enclosed within 250m of a line from latitude 15°27.78’ south, longitude 145°48.46’ east to latitude 15°28.12’ south, longitude 145°47.87’ east. |
| Ribbon Reef No. 2 (15-075) | The area enclosed within 250m of a line from latitude 15°34.24’ south, longitude 145°47.74’ east to latitude 15°34.71’ south, longitude 145°47.16’ east. |
| Ribbon Reef No. 2 (15-075) | The area enclosed within 500m of a line from latitude 15°32.68’ south, longitude 145°47.7’ east to latitude 15°32.95’ south, longitude 145°47.62’ east. |
| Ribbon Reef No. 1 (15-080) | The area enclosed within 250m of a line from latitude 15°36.59’ south, longitude 145°47.91’ east to latitude 15°37.13’ south, longitude 145°47.99’ east. |
3. OFFSHORE PORT DOUGLAS SECTOR
| Location | Reef Anchorage |
| Ruby Reef (15-088) | The area enclosed within 250m of a line from latitude 15º44.07’ south, longitude 145º47.36’ east to latitude 15º44.16’ south, longitude 145º47.22’ east. |
| Ruby Reef (15-088) | The area enclosed within 500m of a point located at latitude 15°44.28’ south, longitude 145°46.75’ east. |
| Endeavour Reef (15-089) | The area enclosed within 500m of a line from latitude 15º46.01’ south, longitude 145º32.86’ east to latitude 15º46.5’ south, longitude 145º34.25’ east. |
| Anderson Reef (15-090) | The area enclosed within 250m of a line from latitude 15º47.20’ south, longitude 145º48.06’ east to latitude 15º47.44’ south, longitude 145º47.77’ east. |
| Anderson Reef (15-090) | The area enclosed within 250m of a line from latitude 15º47.65’ south, longitude 145º47.97’ east to latitude 15º47.83’ south, longitude 145º47.83’ east. |
| Pickersgill Reef (15-093) | The area enclosed within 500m of a point located at latitude 15º51.05’ south, longitude 145º33.79’ east. |
| Pickersgill Reef (15-093) | The area enclosed within 500m of a point located at latitude 15º52.06’ south, longitude 145º35.45’ east. |
| Escape Reef (15-094) | The area enclosed within 500m of a line from latitude 15º53.44’ south, longitude 145º46.72’ east to latitude 15º53.73’ south, longitude 145º47.04’ east. |
| Location | Reef Anchorage |
| Escape Reef (15-094) | The area enclosed within 500m of a line from latitude 15º53.39’ south, longitude 145º48.00’ east to latitude 15º56.85’ south, longitude 145º48.19’ east. |
| Escape Reef (15-094) | The area enclosed within 250m of a line from latitude 15º51.4’ south, longitude 145º48.23’ east to latitude 15º51.73’ south, longitude 145º48.05’ east. |
| Escape Reef (15-094) | The area enclosed within 500m of a point located at latitude 15º52.73’ south, longitude 145º46.59’ east. |
| Escape Reef (15-094) | The area enclosed within 250m of a point located at latitude 15º52.97 south, longitude 145º45.88’ east. |
| Evening Reef (15-095) | The area enclosed within 250m of a line from latitude 15º54.03’ south, longitude 145º38.38’ east to latitude 15º54.49’ south, longitude 145º38.23’ east. |
| Evening Reef (15-095) | The area enclosed within 250m of a point located at latitude 15º53.77’ south, longitude 145º39.97’ east. |
| Agincourt No. 4 Reef (15-096) | The area enclosed within 500m of a point located at latitude 15º55.78’ south, longitude 145º49.02’ east. |
| Agincourt No. 4 Reef (15-096) | The area enclosed within 500m of a point located at latitude 15º57.22’ south, longitude 145º48.57’ east. |
| Morning Reef (15-098) | The area enclosed within 500m of a point located at latitude 15º57.26’ south, longitude 145º41.22’ east. |
| Morning Reef (15-098) | The area enclosed within 500m of a point located at Latitude15º59.03’ south, longitude 145º39.38’ east. |
| Agincourt No. 2 Reef (15-099b) | The area enclosed within 500m of a point located at latitude 16º02.19’ south, longitude 145º51.29’ east. |
| Agincourt No. 1c Reef (15-099c) | The area enclosed within 500m of a point located at latitude 16º03.14’ south, longitude 145º51.67’ east. |
| Mackay Reef (16-015) | The area enclosed within 250m of a line from latitude 16º02.54’ south, longitude 145º38.7’ east to latitude 16º02.57’ south, longitude 145º38.65’ east. |
| St. Crispin Reef (16-019) | The area enclosed within 500m of a line from latitude 16º05.07’ south, longitude 145º50.46’ east to latitude 16º05.56’ south, longitude 145º50.65’ east. |
| St. Crispin Reef (16-019) | The area enclosed within 500m of a point located at latitude 16º06.78’ south, longitude 145º48.64’ east. |
| St. Crispin Reef (16-019) | The area enclosed within 500m of a point located at latitude 16º07.09 south, longitude 145º49.66’ east. |
| Undine Reef (16-020) | The area enclosed within 500m of a line from latitude 16º06.66’ south, longitude 145º45.78’ east to latitude 16º06.77’ south, longitude 145º45.17’ east. |
| Undine Reef (16-020) | The area enclosed within 500m of a line from latitude 16º06.95’ south, longitude 145º43.47’ east to latitude 16º07.07’ south, longitude 145º42.59’ east. |
3. OFFSHORE PORT DOUGLAS SECTOR (continued)
| Location | Reef Anchorage |
| Undine Reef (16-020) | The area enclosed within 500m of a Line from latitude 16º06.88’ south, longitude 145º39.24’ east to latitude 16º07.03’ south, longitude 145º39.47’ east. |
| Rudder Reef (16-023) | The area enclosed within 500m of a line from latitude 16º10.11’ south, longitude 145º39.73’ east to latitude 16º10.14’ south, longitude 145º40.44’ east. |
| Rudder Reef (16-023) | The area enclosed within 500m of a line from latitude 16º10.31’ south, longitude 145º43.63’ east to latitude 16º10.38’ south, longitude 145º44.67’ east. |
| Rudder Reef (16-023) | The area enclosed within 500m of a point located at latitude 16º12.28’ south, longitude 145º39.64’ east. |
| Unnamed Reef (16-024) | The area enclosed within 250m of a line from latitude 16º13.19’ south, longitude 145º46.77’ east to latitude 16º13.22’ south, longitude 145º46.91’ east. |
| Unnamed Reef (16-024) | The area enclosed within 500m of a point located at latitude 16º12.5’ south, longitude 145º47.5’ east. |
| Opal Reef (16-025) | The area enclosed within 500m of a line from latitude 16º13.66’ south, longitude 145º52.99’ east to latitude 16º13.85’ south, longitude 145º52.72’ east. |
| Opal Reef (16-025) | The area enclosed within 250m of a line from latitude 16º11.15’ south, longitude 145º53.02’ east to latitude 16º11.47’ south, longitude 145º53.3’ east. |
| Opal Reef (16-025) | The area enclosed within 500m of a point located at latitude 16º12.54’ south, longitude 145º53.54’ east. |
| Opal Reef (16-025) | The area enclosed within 500m of a point located at latitude 16º14.05’ south, longitude 145º52.15’ east. |
| Opal Reef (16-025) | The area enclosed within 500m of a point located at latitude 16º14.41’ south, longitude 145º51.52’ east. |
| Tongue Reef (16-026) | The area enclosed within 500m of a line from latitude 16º20.86’ south, longitude 145º47.15’ east to latitude 16º22.89’ south, longitude 145º49.28’ east. |
| Tongue Reef (16-026) | The area enclosed within 500m of a line from latitude 16º15.83’ south, longitude 145º39.86’ east to latitude 16º16.79’ south, longitude 145º41.64’ east. |
| Tongue Reef (16-026) | The area enclosed within 500m of a line from latitude 16º16.07’ south, longitude 145º46.6’ east to latitude 16º16.26’ south, longitude 145º45.89’ east. |
| Tongue Reef (16-026) | The area enclosed within 500m of a line from latitude 16º19.11’ south, longitude 145º53.15’ east to latitude 16º19.57’ south, longitude 145º52.53’ east. |
| Tongue Reef (16-026) | The area enclosed within 500m of a point located at latitude 16º16.36 south, longitude 145º48.8’ east. |
4. OFFSHORE CAIRNS SECTOR
| Location | Reef Anchorage |
| Saxon Reef (16-032) | The area enclosed within 100m of a point located at latitude 16º27.79’ south, longitude 145º59.07’ east. |
| Saxon Reef (16-032) | The area enclosed within 100m of a point located at latitude 16º27.9’ south, longitude 145º58.94’ east. |
| Saxon Reef (16-032) | The area enclosed within 100m of a point located at latitude 16º28.13’ south, longitude 145º58.71’ east. |
| Hastings Reef Locality 1 | The area enclosed within 250m of a line from latitude 16º31.35’ south, longitude 146º00.1’ east to latitude 16º31.61’ south, longitude 145º59.81’ east. |
| Hastings Reef Locality 2 | The area enclosed within 250m of a line from latitude 16º30.9’ south, longitude 146º00.53’ east to latitude 16º30.99’ south, longitude 146º00.45’ east. |
| Jorgies Patches Reef (16-041) | The area enclosed within 100m from a line from latitude 16º32.69’ south, longitude 145º56.92’ east to latitude 16º32.72’ south, longitude 145º56.84’ east. |
| Jorgies Patches Reef (16-041) | The area enclosed within 100m of a point located at latitude 16º32.8’ south, longitude 145º56.76’ east. |
| Michaelmas Reef (16-060) (except the part described in item 12 of Schedule 3) | The area enclosed within 500m of a point located at latitude 16º34.08’ south, longitude 146º02.02’ east. |
| Michaelmas Reef (16-060) (except the part described in item 12 of Schedule 3) | The area enclosed within 500m of a point located at latitude 16º35.22’ south, longitude 146º00.29’ east. |
| Breaking Patches Reef (16-042) | The area enclosed within 250m of a point located at latitude 16º34.98’ south, longitude 145º58.81’ east. |
| Oyster Reef (16-043) | The area enclosed within 100m of a line from latitude 16º37.46’ south, longitude 145º56.12’ east to latitude 16º37.67’ south, longitude 145º56.38’ east. |
| Vlasoff Reef (16-044b) | The area enclosed within 250m of a point located at latitude 16º39.24’ south, longitude 145º59.06’ east. |
| Arlington Reef (16-064) | The area enclosed within 500m of a line from latitude 16º41.15’ south, longitude 145º59.54’ east to latitude 16º40.63’ south, longitude 145º58.6’ east. |
| Arlington Reef (16-064) | The area enclosed within 500m of a line from latitude 16º42.29’ south, longitude 146º02.04’ east to latitude 16º42.33’ south, longitude 146º02.41’ east. |
| Arlington Reef (16-064) | The area enclosed within 500m of a line from latitude 16º39.78’ south, longitude 146º05.35’ east to latitude 16º40.31’ south, longitude 146º05.46’ east. |
5. SOUTH OFFSHORE CAIRNS SECTOR
| Location | Reef Anchorage |
| Thetford Reef (16-068) | The area enclosed within 250m of a line from latitude 16º48.12’ south, longitude 146º11.00’ east to latitude 16º48.43’ south, longitude 146º11.09’ east. |
| Thetford Reef (16-068) | The area enclosed within 250m of a point located at latitude 16º47.9’ south, longitude 146º11.24’ east. |
| Moore Reef Locality 1 | The area enclosed within 250m of a line from latitude 16º51.15’ south, longitude 146º13.22’ east to latitude 16º51.45’ south, longitude 146º13.49’ east. |
| Moore Reef Locality 1 | The area enclosed within 250m of a point located at latitude 16º51.83’ south, longitude 146º13.7’ east. |
| Moore Reef Locality 1 | The area enclosed within 250m of a point located at latitude 16º52.03’ south, longitude 146º12.52’ east. |
| Elford Reef (16-073) | The area enclosed within 500m of a line from latitude 16º55.13’ south, longitude 146º15.38’ east to latitude 16º55.45’ south, longitude 146º15.16’ east. |
| Elford Reef (16-073) | The area enclosed within 500m of a point located at latitude 16º54.45’ south, longitude 146º12.78’ east. |
| Channel Reef (16-075) | The area enclosed within 250m of a line from latitude 16º56.39’ south, longitude 146º26.69’ east to latitude 16º56.51’ south, longitude 146º26.69’ east. |
| Briggs Reef (16-074) | The area enclosed within 100m of a point located at latitude 16º56.21’ south, longitude 146º12.15’ east. |
| Sudbury Reef (17-001) (except the part described in item 19 of Schedule 3) | The area enclosed within 500m of a line from latitude 17º00.06’ south, longitude 146º12.27’ east to latitude 17º00.29’ south, longitude 146º12.55’ east. |
SCHEDULE 9 - DEFINTIIONS
1. In the Plan, unless the contrary intention appears:
Act means the Great Barrier Reef Marine Park Act 1975;
aircraft has the same meaning as in the Act;
Alexandra Bay Locality means that area described in item 8 of Schedule 3;
anchor includes anchor chains and attached tackle;
anchoring means the temporary attachment of a vessel or aircraft to the seabed by means of any device carried by the vessel or aircraft for that purpose;
Area means the Cairns Area described in Schedule 1 (and depicted generally in the map set on page iv);
Authority means the Great Barrier Reef Marine Park Authority;
booking means a booking under the Regulations;
Cairns Section has the same meaning as in the Regulations;
Cape Tribulation Bay
Locality 1 means the area described in item 6 of Schedule 3;
Cape Tribulation Bay
Locality 2 means the area described in item 7 of Schedule 3;
Cod Hole Locality means the area described in Part E of Schedule 3;
collecting has the same meaning as in the Zoning Plan;
commencement date means the day on which this Plan (except Part 2) commences;
discharge has the same meaning as in subsection 38J(7) of the Act;
Euston Reef Locality means the area described in item 13 of Schedule 3;
existing permission means a relevant permission that was in force immediately before the commencement date;
external boundary means the part of the Cairns Section as described by paragraph 2(2)–(5) of the Schedule to the Proclamation made under subsection 31(1) of the Act and published in the Gazette on 13 September 1989;
facility has the meaning it is given in subsection 3A(9) of the Act;
fishing has the same meaning as in the Zoning Plan;
Frankland Islands Sector means the area described in item 6 of Schedule 2;
gamefishing means the taking of fish of the genus Makaira (commonly known as marlin);
Green Island Reef
Locality 1 means the area described in item 14 of Schedule 3;
Green Island Reef
Locality 2 means the area described in item 15 of Schedule 3;
Green Island Reef
Locality 3 means the area described in item 16 of Schedule 3;
Hastings Reef Locality 1 means the area described in item 10 of Schedule 3;
Hastings Reef Locality 2 means the area described in item 11 of Schedule 3;
intensive use Location means a Location so listed in Schedule 4;
landward boundary means the part of the Cairns Section as described by paragraph 2(6)–(27) of the Schedule to the Proclamation made under subsection 31(1) of the Act and published in the Gazette on 13 September 1989;
large vessel means any vessel with an overall length of more than 35 metres, but not more than 70 metres;
Lizard Island Locality 1 means the area described in item 1 of Schedule 3;
Lizard Island Locality 2 means the area described in item 2 of Schedule 3;
Lizard Island Locality 3 means the area described in item 3 of Schedule 3;
Lizard Island Locality 4 means the area described in item 4 of Schedule 3;
Lizard Island Sector means the area described in item 1 of Schedule 2;
Location means:
(a) the area within the 500 metre line of a reef or other place mentioned in Schedule 4; or
(b) an area described in Schedule 3;
Low Island Locality means the area described in item 9 of Schedule 3;
low use Location means a Location so listed in Schedule 4;
Marine Park means the Great Barrier Reef Marine Park;
Michaelmas Cay Locality means the area described in item 12 of Schedule 3;
moderate use Location means a Location so listed in Schedule 4;
Moore Reef Locality 1 means the area described in item 17 of Schedule 3;
Moore Reef Locality 2 means the area described in item 18 of Schedule 3;
mooring means a permanently located facility that is designed solely for mooring a vessel or aircraft, and includes the mooring buoy, tackle and the point of attachment to the seabed;
mooring site means the area between a mooring and an assumed line seawards 50 metres from the mooring buoy of the mooring;
motorised water sport means a recreational or commercial sporting activity using high-speed motorised craft and including water-skiing, jet-skiing, parasailing, jetboating. This does not include:
(a) normal transportation of a person on board a vessel from one place to another; or
(b) use of a vessel for the purpose of viewing coral; or
(c) trolling, fishing or bait-netting conducted in accordance with the Zoning Plan.
new permission means a relevant permission granted after the commencement date;
Offshore Cairns Sector means the area described in item 4 of Schedule 2;
Offshore Port Douglas
Sector means the area described in item 3 of Schedule 2;
overall length of a vessel has the same meaning as in the Act;
permanently moored
facility has the same meaning as in the Zoning Plan;
Plan means the Cairns Area Plan of Management;
pontoon means a non-motorised permanently moored facility that is used primarily for tourist or mariculture activities (except solely as a landing area for aircraft);
pontoon site means the area between a pontoon and an assumed line seawards 200 metres from any point on the pontoon;
private mooring means any mooring that is not a public mooring;
public mooring means a mooring that is:
(a) installed by, or on behalf of, the Authority or the State of Queensland, for use by the public; or
(b) installed by the Authority for use by the Authority;
reef has the same meaning as in the Zoning Plan;
Reef Anchorage means an area described in Schedule 8;
reef edge has the same meaning as in the Zoning Plan;
Regulations means the Great Barrier Reef Marine Park Regulations;
relevant permission has the same meaning as in the Regulations;
Ribbon Reefs Sector means the area described in item 2 of Schedule 2;
Sensitive Location means an area mentioned in Schedule 5
ship means a vessel in excess of 70 metres in overall length;
South Offshore Cairns
Sector means the area described in item 5 of Schedule 2;
Sudbury Cay Locality means the area described in item 19 of Schedule 3;
taking has the same meaning as in the Zoning Plan;
tourist has the meaning it is given in subsection 3A(9) of the Act;
tourist program has the meaning it is given in subsection 3A(3) of the Act;
trolling has the same meaning as in the Zoning Plan;
vessel has the same meaning as in the Act;
waste means:
(a) matter to which subsection 38J(4) of the Act applies; and
(b) matter, including waste-water, resulting from scraping, painting or repairing a vessel; and
(c) matter, including waste-water, resulting from domestic cleaning, laundry or bathing, or from similar activities.
zone means a zone mentioned in the Zoning Plan;
zoning plan means the Zoning Plan for the Cairns Section that came into force on 3 April 1992.
2. In the Plan, a reference to an assumed line of kind mentioned in this subclause has the meaning given in this subclause:
100 metre line means, in relation to a reef, an assumed line every point of which is at a distance of 100 metres seaward from the nearest point of the reef crest;
500 metre line (a) in relation to a reef, has the same meaning as in the Zoning Plan; and
(b) in relation to any other geological formation mentioned in Schedule 4, means an assumed line every point of which is at a distance of 500 metres seaward from the nearest point of the formation;
coastal 250 metre line means the line, every point of which is, at low water, at a distance of 250 metres seaward from the nearest point of the coastline concerned;
coastal 500 metre line has the same meaning as in the zoning plan;
coastal 1500 metre line means the line, every point of which, is:
(a) at low water, at a distance of 1500 metres seaward from the nearest point of the coastline concerned; or
(b) if there is a fringing reef wholly or partly along the coastline concerned—at low water, at a distance of 1500 metres seaward from the nearest point of the reef edge of the fringing reef.