Federal Register of Legislation - Australian Government

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SR 1983 No. 262 Regulations as amended, taking into account amendments up to Great Barrier Reef Marine Park Amendment (Bait Netting) Regulation 2014
Principal Regulations; Repeals the Great Barrier Reef Marine Park (Capricorn Section) Regulations and the Great Barrier Reef Marine Park (Cormorant Pass Section) Regulations.
Administered by: Environment
Registered 07 Nov 2014
Start Date 04 Nov 2014
End Date 20 May 2015
Date of repeal 01 Apr 2019
Repealed by Great Barrier Reef Marine Park Regulations 2019

Description: Commonwealth Coat of Arms

Great Barrier Reef Marine Park Regulations 1983

Statutory Rules No. 262, 1983 as amended

made under the

Great Barrier Reef Marine Park Act 1975

Compilation start date:                     4 November 2014

Includes amendments up to:            SLI No. 153, 2014

About this compilation

This compilation

This is a compilation of the Great Barrier Reef Marine Park Regulations 1983 as in force on 4 November 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 5 November 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name of Regulations........................................................................... 1

2............ Commencement................................................................................... 1

3............ Definitions.......................................................................................... 1

3A......... References to plans of management and laws of Queensland............. 5

3B......... Meaning of words or expressions in relation to Amalgamated Great Barrier Reef Section      6

3C......... Geographic coordinates....................................................................... 6

3D......... Meaning of words or expressions referring to 100 metre line or coastal 100 metre line etc     6

4............ Pilots—prescribed law for the purposes of subsection 3(1)................ 6

Part 2—Amalgamated Great Barrier Reef Section                                          7

Division 2.1—Preliminary                                                                                          7

6............ Definitions for Part............................................................................. 7

Division 2.2—Zoning Plan—definitions and related matters                  8

7............ Accreditation of educational or research institutions........................... 8

8............ Accreditation of harvest fisheries........................................................ 9

13.......... Bait netting.......................................................................................... 9

14.......... Defence activities—definition for Zoning Plan.................................. 11

15.......... Fishing or collecting.......................................................................... 11

16.......... Harvest fisheries............................................................................... 14

17.......... Hook—definition for Zoning Plan..................................................... 15

18.......... Limited collecting.............................................................................. 15

19.......... Limited impact research (extractive)—definition for Zoning Plan.... 15

20.......... Limited impact research (non‑extractive)—definition for Zoning Plan 24

21.......... Limited spearfishing.......................................................................... 25

22.......... Limited trapping................................................................................ 26

23.......... Managed vessel or aircraft................................................................ 26

24.......... Mission Beach Leader Prawn Broodstock Capture Area.................. 26

25.......... Motorised watersports—definition for Zoning Plan......................... 27

26.......... Netting.............................................................................................. 27

27.......... Pelagic species.................................................................................. 28

28.......... Photography, filming or sound recording—definition for Zoning Plan 29

29.......... Protected species............................................................................... 29

30.......... Queensland fisheries legislation........................................................ 31

31.......... Ship—definition for Zoning Plan...................................................... 31

32.......... Stowed or secured............................................................................. 32

33.......... Traditional owner and traditional owner group—definitions for Zoning Plan        33

34.......... Trapping............................................................................................ 33

35.......... Trawling............................................................................................ 34

35A....... Trolling—prescribed limitation......................................................... 34

36.......... Vessel or aircraft charter operation—definition for Zoning Plan..... 34

37.......... General Use Zone—activities............................................................ 34

38.......... Habitat Protection Zone—activities................................................... 35

39.......... Conservation Park Zone—activities.................................................. 35

40.......... Buffer Zone—activities..................................................................... 35

41.......... Scientific Research Zone—activities................................................. 35

42.......... Marine National Park Zone—activities............................................. 36

43.......... Preservation Zone—activities............................................................ 36

44.......... Remote Natural Area—purposes for which the area may not be used or entered     36

45.......... Special Management Areas—types................................................... 36

46.......... Species Conservation (Dugong Protection) SMAs—declaration...... 37

47.......... Species Conservation (Dugong Protection) SMAs—special management provisions             48

48.......... Seasonal Closure (Offshore Ribbon Reefs) SMAs—declaration..... 58

49.......... Seasonal Closure (Offshore Ribbon Reefs) SMAs—special management provisions             61

50.......... No Dories Detached (Offshore Ribbon Reefs) SMAs—declaration 61

51.......... No Dories Detached (Offshore Ribbon Reefs) SMAs—special management provision         63

52.......... Restricted Access SMAs—declaration............................................. 63

53.......... Restricted Access SMAs—special management provision............... 65

54.......... Raine Island Reef, Moulter Cay Reef and MacLennan Cay Reef Restricted Access SMAs—exceptions to special management provision...................................................................... 65

55.......... Australian Institute of Marine Science Restricted Access SMA—exceptions to special management provision      65

56.......... One Tree Island Reef Restricted Access SMA—exceptions to special management provision                66

57.......... Public Appreciation SMAs—declaration.......................................... 66

58.......... Public Appreciation SMAs (other than Whitsundays Public Appreciation SMA)—special management provisions.......................................................................................................... 71

59.......... Whitsundays Public Appreciation SMA—special management provisions             72

60.......... No Dories Detached (Marine National Park Zone) SMAs—declaration  72

61.......... No Dories Detached (Marine National Park Zone) SMAs—special management provisions  72

62.......... One Dory Detached (Conservation Park Zone) SMAs—declaration 73

63.......... One Dory Detached (Conservation Park Zone) SMAs—special management provision         73

64.......... One Dory Detached (Buffer Zone) SMAs—declaration................... 73

65.......... One Dory Detached (Buffer Zone) SMA—special management provisions            74

65A....... Natural Resources Conservation SMA—declaration........................ 74

65B....... Natural Resources Conservation SMA—special management provision 74

67.......... Emergency Special Management Areas............................................ 75

68.......... Extension and revocation of designation........................................... 76

69.......... Entry to zones for purpose of taking certain protected species.......... 76

72.......... Contravening directions.................................................................... 76

73.......... Commercial activities on Low Island................................................ 77

Division 2.2A—Fishing and related offences                                                 78

73A....... Definitions for Division.................................................................... 78

73B....... Conservation Park Zone—fishing offence........................................ 78

73BA.... Marine National Park Zone—fishing offence................................... 79

73C....... Dories in non‑fishing areas............................................................... 79

73D....... Defences to prosecutions under regulation 73C................................ 80

73E........ Dories in Buffer Zone—offence by master of vessel........................ 81

73F........ Dories in Buffer Zone—offence by licence holder of vessel............. 82

73G....... Dories in Buffer Zone—offence by person on a dory....................... 82

73H....... Dories in Conservation Park Zone—offence by master of vessel..... 83

73I......... Dories in Conservation Park Zone—offence by licence holder of vessel 83

73J........ Dories in Conservation Park Zone—offence by person on a dory.... 84

Division 2.4—Authorisations relating to Hinchinbrook Planning Area                85

78B....... Definitions........................................................................................ 85

79.......... What this Division does.................................................................... 85

80.......... Application for authorisation............................................................. 85

81.......... Asking for more information about an application............................ 86

82.......... Consideration of application.............................................................. 86

83.......... Grant or refusal of authorisation....................................................... 86

84.......... When condition or refusal has effect................................................. 88

85.......... Authorisation is part of permission................................................... 88

86.......... How long authorisation remains in force.......................................... 88

87.......... Variation of authorisation in certain circumstances........................... 88

Part 2A—Permissions                                                                                                        89

Division 2A.1—Permissions to which Part 2A applies                              89

88.......... Permissions to which Part 2A applies............................................... 89

Division 2A.2—Applications for permissions                                                90

88A....... Application for permission................................................................ 90

88B....... Withdrawal of applications................................................................ 91

88C....... Withdrawals of deemed applications................................................. 91

88D....... Advertising of applications............................................................... 92

88E........ Additional information...................................................................... 92

Division 2A.3—Applications for special permissions                                94

88F........ Purpose of Division.......................................................................... 94

88G....... Interpretation..................................................................................... 94

88H....... Application of Division..................................................................... 95

88I......... Only entitled person may apply for special permission..................... 95

88J........ Invitations for expressions of interest............................................... 96

88K....... Consideration of expressions of interest to determine entitled person 97

88L........ Ranking expressions of interest........................................................ 97

88M...... First declaration of entitled person.................................................... 97

88N....... Second declaration of entitled person................................................ 98

88O....... Further declarations of entitled person.............................................. 99

88P........ Notice regarding unsuccessful expressions of interest.................... 100

Division 2A.4—Consideration of applications                                            101

88Q....... Consideration of applications—mandatory considerations.............. 101

88R....... Consideration of applications—discretionary considerations.......... 102

88S........ Limitations on granting permissions to take protected species........ 103

88T........ Limitations on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area......................................... 104

88U....... Limitation on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number............................................................................................ 105

88V....... Limitations on granting permissions to enter or use Princess Charlotte Bay SMA—special management provisions........................................................................................................ 106

88W...... Considerations for permissions to camp on Commonwealth islands 107

Division 2A.5—Granting and refusing permissions                                 109

88X....... Grant or refusal of permission........................................................ 109

88Y....... Application to be decided within reasonable time............................ 109

88Z........ Decision on referrals that are taken to be applications..................... 109

Division 2A.6—Form, term and conditions of permissions                  111

88ZA..... Form of permission......................................................................... 111

88ZB..... Term of permission......................................................................... 111

88ZC..... Certain permissions to continue in force......................................... 111

88ZD..... Commencement of special permissions........................................... 112

88ZE..... Conditions of permission................................................................ 113

88ZF..... Authorities under permissions........................................................ 114

Division 2A.7—Transfer of permissions and changes in beneficial ownership  116

Subdivision 2A.7.1—Transfer of permissions                                                116

88ZG..... Application to transfer permission.................................................. 116

88ZH..... Consideration of application to transfer a permission...................... 117

88ZI...... Further information required to consider application....................... 117

88ZJ...... Transfer of permissions related to approval under Environment Protection and Biodiversity Conservation Act 1999........................................................................................................ 118

88ZK..... Approval of transfer........................................................................ 118

88ZL..... Transfer of authorisation attached to permission............................. 119

Subdivision 2A.7.2—Change in beneficial ownership of company           120

88ZM.... Change in beneficial ownership of permission holder that is a company  120

88ZN..... Further particulars about change in beneficial ownership................ 120

88ZO..... Suspension, revocation or modification in relation to change in beneficial ownership             121

Division 2A.8—Modification, suspension and revocation                     123

88ZP..... Modification of permission conditions............................................ 123

88ZQ..... Modification of conditions or suspension of permission—pending investigation    124

88ZR..... Action following investigation........................................................ 125

88ZS..... Suspension or revocation of permission—bareboat operations....... 126

88ZT..... Suspension of permission—environmental management charge..... 127

88ZU..... Revocation of permission—general................................................ 129

88ZV..... Revoked permission to be reinstated in particular circumstances.... 130

Division 2A.9—Offence provisions                                                                   132

88ZW.... Requirement to produce permission for inspection......................... 132

88ZX..... Notification of change in beneficial ownership............................... 132

88ZY..... Conviction after permission is suspended or revoked..................... 132

Division 2A.10—Miscellaneous                                                                           134

88ZZ..... Prescribed circumstances................................................................ 134

Part 2B—TUMRAs                                                                                                          136

Division 2B.1—Preliminary                                                                                  136

89A....... Definitions for Part......................................................................... 136

Division 2B.2—Accreditation of TUMRA                                                     137

89B....... Application for accreditation of TUMRA....................................... 137

89C....... Withdrawal of applications.............................................................. 138

89D....... Matters to be included in TUMRA................................................. 138

89E........ Additional information.................................................................... 139

89F........ Assessment of applications for accreditation................................... 139

89G....... Accreditation of TUMRA............................................................... 140

89H....... TUMRA has no effect unless accredited......................................... 141

89I......... Conditions of accreditation.............................................................. 141

89J........ Certificate of accreditation............................................................... 142

89K....... Authorities under accreditation........................................................ 143

Division 2B.3—Modification of TUMRA                                                       145

89M...... Application to modify TUMRA or conditions of accreditation....... 145

89N....... Additional information.................................................................... 146

89O....... Decision on application................................................................... 146

89P........ Notice of decision........................................................................... 147

89Q....... Notice of refusal to modify TUMRA or conditions........................ 147

Division 2B.4—Modification, suspension and revocation                     148

89R....... Modification of conditions or suspension of accreditation—pending investigation  148

89S........ Action following investigation........................................................ 148

89T........ Suspension or revocation of accreditation—general........................ 149

Division 2B.5—Termination of accredited TUMRA                               151

89U....... Termination of accredited TUMRA................................................ 151

Part 3A—Discharge of sewage                                                                                  152

93A....... Application of this Part................................................................... 152

93B....... Interpretation of this Part................................................................. 152

93C....... Discharge of sewage generally........................................................ 154

93D....... Discharge of untreated sewage from vessels................................... 154

93E........ Discharge of treated sewage from vessels....................................... 155

93F........ Discharge of sewage from vessels generally................................... 156

93G....... Discharge in prescribed circumstances............................................ 156

Part 4—General                                                                                                                  157

94.......... Removal of property....................................................................... 157

95.......... Certain animals not to be taken onto Commonwealth islands.......... 158

101........ Littering prohibited.......................................................................... 159

101A..... Mooring buoy must display mooring reference number................. 159

102........ Public mooring and public infrastructure not to be removed, misused or damaged  160

103........ Persons shall not furnish false information..................................... 162

Part 4AA—Register                                                                                                          164

114........ Register........................................................................................... 164

115........ Access to register............................................................................ 165

116........ Public to be given copies of documents.......................................... 165

Part 4AB—Reporting requirements                                                                      166

116A..... Great Barrier Reef Outlook Report................................................. 166

Part 4AInteracting with cetaceans                                                                     167

117A..... Definitions for Part 4A................................................................... 167

117B..... Application of Part 4A.................................................................... 168

117C..... Offences in this Part........................................................................ 168

117D..... Prohibited vessel............................................................................. 168

117E...... Other craft—adult cetaceans............................................................ 169

117F...... Other craft—calves......................................................................... 170

117G..... Aircraft............................................................................................ 171

117H..... Feeding........................................................................................... 172

117I....... Touching and sudden movements................................................... 172

117J...... Swimming with cetaceans............................................................... 172

117JA... Conducting swimming‑with‑whales activities without permission. 173

117JB.... Protection of whales in whale protection area................................. 173

117K..... Exemption regarding application of this Part................................... 173

117L...... Application for exemption............................................................... 175

Part 5—Compulsory pilotage                                                                                     178

118........ Compulsory pilotage area................................................................ 178

119........ Exemption from requirement to navigate with a pilot—prescribed information        180

120........ Minister may request further information........................................ 181

121........ Exemption may be conditional........................................................ 182

122........ Applicant’s duty to notify of changes in prescribed information..... 182

123........ Termination of exemption in certain circumstances......................... 182

Part 6—Bareboat operations                                                                                      183

124........ Register of appropriately qualified persons..................................... 183

126........ Offences—identification numbers................................................... 184

Part 7—Fees                                                                                                                          185

127........ Interpretation of this Part................................................................. 185

128........ Fees for assessment in respect of application for permission.......... 185

129........ Indexation of fee for assessment..................................................... 188

130........ Waiver of fee for assessment.......................................................... 189

131........ Notices of fees payable................................................................... 189

132........ Lapsing of application for permission............................................. 190

133........ Fee for application for exemption from compulsory pilotage.......... 190

133A..... Fees in relation to register............................................................... 190

133B..... Reinstatement fee............................................................................ 190

134........ Fees for other applications and requests.......................................... 191

Part 8—Environmental management charges                                                 194

Division 8.1—General                                                                                              194

135........ Interpretation................................................................................... 194

136........ Chargeable permissions.................................................................. 197

137........ Secondary services.......................................................................... 198

138........ Notice of decision........................................................................... 199

139........ Numbering of secondary services................................................... 199

Division 8.2—Amount of charge and payment                                           200

Subdivision 1—Standard tourist program charges                                       200

140........ Meanings of terms.......................................................................... 200

141........ Standard tourist program charge..................................................... 200

142........ Payment of standard tourist program charge—general rule............. 202

143........ Visitors who do not have to pay charge.......................................... 202

144........ Offence—altering ticket etc............................................................. 203

145........ Longer tours.................................................................................... 204

146........ Very short tours.............................................................................. 204

147........ Tours that arrive late or depart early................................................ 204

148........ When charge is payable................................................................... 204

Subdivision 2—Other charges                                                                            205

149........ Non‑motorised beach equipment charges........................................ 205

150........ Dinghy charges............................................................................... 205

151........ Motorised water sport charges........................................................ 206

152........ Semi‑submersible and glass‑bottomed boats charges...................... 207

153........ Sight‑seeing aircraft charges........................................................... 207

154........ Pontoon charges.............................................................................. 208

155........ Floating hotel charges..................................................................... 208

156........ Marina charges................................................................................ 208

157........ Underwater observatory charges..................................................... 209

158........ Lady Elliot Island charges............................................................... 209

159........ Discharge of sewage charges.......................................................... 210

160........ Vessel chartering charges................................................................ 210

161........ Vending operations charges............................................................ 211

162........ Mariculture...................................................................................... 211

Subdivision 3—Payment and overpayment                                                    212

163........ When collected amounts are payable............................................... 212

164........ Payment on termination or transfer of permission........................... 212

165........ Overpayment of charge by holder of chargeable permission........... 213

Division 8.3—Record‑keeping and returns etc                                           214

166........ Record‑keeping etc.......................................................................... 214

167........ Returns............................................................................................ 215

168........ Custody and banking of collected amounts..................................... 215

Part 9—Shoalwater Bay (Dugong) Plan of Management enforcement provisions           217

169........ Definitions...................................................................................... 217

170........ Date of effect of enforcement provisions........................................ 217

171........ Offences.......................................................................................... 217

Part 10—Cairns Area Plan of Management 1998—enforcement provisions       218

172........ Definition........................................................................................ 218

173........ Date of effect of enforcement provisions of Plan............................ 218

174........ Offences.......................................................................................... 219

Part 11—Whitsundays Plan of Management 1998—enforcement provisions      220

176........ Definition........................................................................................ 220

177........ Date of effect of enforcement provisions of Plan............................ 220

178........ Offences.......................................................................................... 220

Part 12—Hinchinbrook Plan of Management 2004—enforcement provisions    222

180........ Definition........................................................................................ 222

181........ Date of effect of enforcement provisions of Plan............................ 222

182........ Offences.......................................................................................... 222

Part 13—Notification and review of decisions                                                 224

183........ Notice of certain decisions.............................................................. 224

184........ Contents of a notice......................................................................... 225

185........ Requests for reconsideration of decisions....................................... 225

186........ Reconsideration of decisions........................................................... 227

187........ AAT review of decisions after reconsideration............................... 228

187A..... Reconsideration of reviewable decisions......................................... 228

Part 13A—Inspector powers                                                                                       230

187B..... Power of inspector to give directions.............................................. 230

187C..... General powers of inspectors.......................................................... 230

Part 14—Infringement notices                                                                                   232

188........ Purpose of Part 14.......................................................................... 232

189........ Infringement notice offences and infringement notice penalties...... 232

190........ Interpretation................................................................................... 234

191........ Infringement notices........................................................................ 235

192........ Service of infringement notices....................................................... 235

193........ Payment of penalty.......................................................................... 236

194........ Extension of time to pay.................................................................. 237

195........ Matters for Authority to take into account....................................... 237

196........ Withdrawal of infringement notices................................................ 238

197........ Effect of payment of infringement notice penalty............................ 239

198........ Admissions under regulation 195................................................... 239

199........ Matter not to be taken into account in determining sentence............ 239

200........ Evidence for hearing....................................................................... 240

201........ Offences involving a vehicle—liability of owner............................ 241

202........ Copy of statutory declaration to be served...................................... 242

203........ Infringement notice not compulsory, etc......................................... 243

Part 15—Miscellaneous                                                                                                  244

204........ Giving of notices............................................................................. 244

205........ Form of applications, documents and information.......................... 244

206........ Form of identity card....................................................................... 244

Schedule 1—Designated anchorages                                                     246

Part 1—Far Northern management area                                                            246

Part 2—Cairns/Cooktown management area                                                  249

Part 3—Townsville/Whitsunday management area                                     250

Division 1—Dunk Island                                                                                         250

Division 2—Hinchinbrook planning area                                                      251

Division 3—Whitsundays planning area                                                        252

Part 4—Mackay/Capricorn management area                                               254

Schedule 2—Whale protection areas                                                     255

Part 1—Preliminary                                                                                                         255

Part 2—Whitsunday whale protection area                                                      256

Endnotes                                                                                                                                  261

Endnote 1—About the endnotes                                                                          261

Endnote 2—Abbreviation key                                                                              263

Endnote 3—Legislation history                                                                           264

Endnote 4—Amendment history                                                                         267

Endnote 5—Uncommenced amendments [none]                                        290

Endnote 6—Modifications [none]                                                                       290

Endnote 7—Misdescribed amendments [none]                                           290

Endnote 8—Miscellaneous                                                                                     291

 


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Great Barrier Reef Marine Park Regulations 1983.

2  Commencement

                   These Regulations shall come into operation on 7 November 1983.

3  Definitions

             (1)  In these Regulations:

Act means the Great Barrier Reef Marine Park Act 1975.

Amalgamated Great Barrier Reef Section means the area
to which that name is assigned by the Great Barrier
Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004
.

application, for a permission, means an application that has not been withdrawn.

authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under regulation 83.

authority:

                     (a)  for regulation 47—has the meaning given by the Queensland fisheries legislation; and

                     (b)  elsewhere in these regulations—means an authority given under regulation 88ZF.

bareboat means a vessel that is:

                     (a)  registered as a commercial ship under the Transport Operations (Marine Safety) Regulation 2004 of Queensland; and

                     (b)  more than 6 metres in length; and

                     (c)  made available for use without master or crew.

Examples

Cruiser, houseboat, yacht.

bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.

business day means a day that is not a Saturday, Sunday or public holiday in Queensland.

Cairns Planning Area has the meaning given by the Cairns Area Plan of Management 1998.

Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

Commonwealth island means an island that is:

                     (a)  owned by the Commonwealth; and

                     (b)  within the Marine Park.

cruise ship anchorage has the same meaning as designated anchorage.

Defence Force has the meaning given by section 30 of the Defence Act 1903.

designated anchorage means a point or an area described in Schedule 1.

dory means:

                     (a)  a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used in association with a primary commercial fishing vessel; or

                     (b)  a vessel that is used in association with a primary commercial fishing vessel.

drying reef means an area of reef exposed at low tide.

high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect, or a vessel of any kind if operated faster than 35 knots.

Hinchinbrook Planning Area has the meaning given by the Hinchinbrook Plan of Management 2004.

indigenous heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

modify, in relation to a condition, includes vary, add, omit and substitute.

motorised water sport means any of the following activities:

                     (a)  irregular driving of a motorised vessel—that is, driving the vessel otherwise than in a straight line (except for necessary turns or diversions), including:

                              (i)  driving in a circle or other pattern; or

                             (ii)  weaving or diverting; or

                            (iii)  surfing down, or jumping over or across, any wave, swell or wash;

                     (b)  an activity in which a high‑speed vessel or motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);

                     (c)  an activity in which a personal watercraft is used, except:

                              (i)  for transport by taking the most direct reasonable route and driving in a regular manner between 2 places; or

                             (ii)  if the personal watercraft can only be operated when fully submerged under the water and for the primary purpose of viewing coral.

National Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.

permission means a permission to which Part 2A applies.

permitted mooring means a mooring, other than a public mooring, for which the Authority has granted a permission.

personal watercraft has the same meaning as in the Transport Operations (Marine Safety) Regulation 2004 of Queensland.

primary commercial fishing vessel means:

                     (a)  a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used to take fish for commercial purposes; or

                     (b)  a vessel that is used to take fish for commercial purposes.

public infrastructure:

                     (a)  means infrastructure that:

                              (i)  is installed in the Marine Park by or for the Authority, or by or for the agency in which the Marine Parks Act 2004 (Qld) is administered; and

                             (ii)  relates to the use of the Marine Park by the public; and

                     (b)  includes the following:

                              (i)  a reef protection marker;

                             (ii)  a buoy not attached to a public mooring;

                            (iii)  a sign;

                            (iv)  a boundary marking rope.

public mooring:

                     (a)  means a mooring that is:

                              (i)  installed in the Marine Park by or for the Authority, or by or for the agency in which the Marine Parks Act 2004 (Qld) is administered; and

                             (ii)  labelled as a public mooring or otherwise intended for public use; and

                     (b)  includes the following:

                              (i)  a floating buoy, tag and tackle;

                             (ii)  a structure fixing the mooring to the seabed.

Queensland fisheries legislation has the meaning given by regulation 30.

SMA is an acronym of Special Management Area.

special permission has the meaning given in subregulation 88G(1).

special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, where the Regulations or a plan of management has imposed a limit on the number of such permissions that may be granted.

swimming‑with‑whales activity has the same meaning as in Part 4A.

tender commercial fishing vessel has the same meaning as dory.

TUMRA is an acronym for traditional use of marine resources agreement.

Uniform Shipping Laws Code has the meaning given by section 427 of the Navigation Act 1912.

whale watching activity has the same meaning as in Part 4A.

Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998.

Zoning Plan means the Great Barrier Reef Marine Park Zoning Plan 2003.

             (2)  For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 88(1)(b) or (c).

3A  References to plans of management and laws of Queensland

             (1)  A reference in these Regulations to the Cairns Area Plan of Management 1998, the Hinchinbrook Plan of Management 2004 or the Whitsundays Plan of Management 1998 is a reference to that Plan as in force on 18 December 2008.

             (2)  Subject to subregulation (3), a reference in these Regulations to a law of Queensland (including a fishery management plan made under paragraph 32(1)(a) of the Fisheries Act 1994 of Queensland) is a reference to that law as in force from time to time.

             (3)  A reference in these Regulations to the Transport Operations (Marine Safety) Regulation 2004 of Queensland or the Transport Operations (Marine Pollution) Regulation 2008 of Queensland is a reference to that law as in force on 18 December 2008.

3B  Meaning of words or expressions in relation to Amalgamated Great Barrier Reef Section

                   A word or expression used in these Regulations and the Zoning Plan that is defined in the Zoning Plan has, in the application of these Regulations to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.

Note:          The Dictionary to the Zoning Plan provides for a number of terms in the Zoning Plan to have the meaning given by these Regulations.

3C  Geographic coordinates

                   Geographic coordinates in these Regulations are expressed in terms of the Geocentric Datum of Australia 1994.

Note:          The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.

3D  Meaning of words or expressions referring to 100 metre line or coastal 100 metre line etc

                   In these Regulations, each of the following words or expressions has the same meaning as it has in the Zoning Plan:

                     (a)  100 metre line or coastal 100 metre line;

                     (b)  500 metre line or coastal 500 metre line;

                     (c)  1 kilometre line or coastal 1 kilometre line;

                     (d)  reef edge.

4  Pilots—prescribed law for the purposes of subsection 3(1)

                   For the purposes of paragraph (b) of the definition of pilot in subsection 3(1) of the Act, the following laws are prescribed:

                     (a)  Navigation Act 1912;

                     (b)  the Transport Operations (Marine Safety) Act 1994 of Queensland.

Part 2Amalgamated Great Barrier Reef Section

Division 2.1Preliminary

6  Definitions for Part

                   In this Part:

Fisheries Regulation means the Fisheries Regulation 2008 of Queensland.

Representative Aboriginal/Torres Strait Islander body has the same meaning as in the Native Title Act 1993.

Division 2.2Zoning Plan—definitions and related matters

7  Accreditation of educational or research institutions

             (1)  The Authority may, by notice in the Gazette, accredit an educational or research institution to conduct any 1 or more of the following:

                     (a)  limited impact research (extractive);

                     (b)  limited impact research (non‑extractive);

                     (c)  a limited educational program;

if it is satisfied that the institution:

                     (d)  has adopted appropriate environmental practices and standards (including instruction and training of personnel); and

                     (e)  has an ongoing commitment to improve those practices and standards;

relating to research or education undertaken in the Marine Park by the institution or on its behalf.

Note:          For the meaning of limited educational program, see the Dictionary to the Zoning Plan. For the meaning of limited impact research (extractive) and limited impact research (non‑extractive), see that Dictionary and regulations 19 and 20.

             (2)  The Authority may revoke an accreditation by notice in the Gazette if:

                     (a)  it is satisfied that the institution:

                              (i)  has ceased to hold the practices and standards mentioned in paragraph (1)(d); or

                             (ii)  no longer has the commitment mentioned in paragraph (1)(e); or

                     (b)  it is satisfied that:

                              (i)  damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or

                             (ii)  there is an imminent threat that such damage, degradation or disruption will occur.

             (3)  Subject to subregulation (4), an institution accredited under subregulation (1), as in force immediately before this subregulation commences, continues to be accredited to conduct limited impact research (extractive) and limited impact research (non‑extractive).

             (4)  Subregulation (3) does not affect the Authority’s power to revoke the accreditation of such an institution.

8  Accreditation of harvest fisheries

             (1)  The Authority may accredit a harvest fishery for the Zoning Plan by notice in the Gazette if it is satisfied that the management arrangements for the fishery under Queensland fisheries legislation provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.

Note:          In the Zoning Plan, harvest fishery is defined in part as ‘… a fishery declared by the Regulations’. For the list of harvest fisheries, see regulation 16.

             (2)  The Authority may revoke an accreditation by notice in the Gazette if it is satisfied that:

                     (a)  the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or

                     (b)  the compliance arrangements for the fishery are not adequate, or are not being adequately enforced.

13  Bait netting

             (1)  This regulation declares the nets and specifies the limitations on netting for the definition of bait netting in the Zoning Plan.

             (2)  The following nets are declared:

                     (a)  for a recreational fisher—a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Regulation:

                              (i)  for a cast net—section 187A;

                             (ii)  for a scoop net—section 187B;

                            (iii)  for a seine net—section 187C;

                     (b)  for a commercial fisher—a seine, cast or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Regulation:

                              (i)  for a seine net—subsection 475(1);

                             (ii)  for a cast net—section 532;

                            (iii)  for a mesh net—section 533.

             (3)  The following limitations are specified:

                     (a)  for a recreational fisher—netting must be in accordance with section 179 of the Fisheries Regulation;

                     (b)  for a commercial fisher:

                              (i)  using a seine net—netting must be in accordance with sections 179 and 181 and subsections 472(6), 472(7) and 475(2) of the Fisheries Regulation; and

                             (ii)  using a cast net for taking ‘N11’ fish—the fisher must comply with the licence condition in subsection 247(5) of the Fisheries Regulation; and

                            (iii)  using a mesh net—netting must be in accordance with sections 179, 181, 530, 533 and 533B of the Fisheries Regulation and, if used for taking ‘N11’ fish, the fisher must comply with the licence condition in subsection 247(5) of the Fisheries Regulation;

                     (c)  a commercial fisher must not:

                              (i)  take a non‑bait fish in the Conservation Park Zone using a net mentioned in subregulation (2); or

                             (ii)  possess (whether or not in the Conservation Park Zone) a non‑bait fish that was taken in the Conservation Park Zone using a net mentioned in subregulation (2).

             (4)  However, a commercial fisher does not take or possess a non‑bait fish if:

                     (a)  the fish is taken unintentionally; and

                     (b)  the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and

                     (c)  the fisher immediately releases the fish into water deep enough to allow the fish to escape.

             (5)  In this regulation:

commercial fisher has the same meaning as in the Fisheries Regulation.

‘N11’ fish has the same meaning as in the Fisheries Regulation.

non‑bait fish means a fish of any of the following species:

                     (a)  bream of the genus Acanthopagrus or Rhabdosargus;

                     (b)  flathead of the genus Platycephalus;

                     (c)  whiting of the genus Sillago.

possess a non‑bait fish means:

                     (a)  to have custody or control of the fish; or

                     (b)  to have an ability or right to obtain custody or control of the fish.

recreational fisher has the same meaning as in the Fisheries Regulation.

14  Defence activities—definition for Zoning Plan

                   In the Zoning Plan:

defence activities means activities for defence purposes:

                     (a)  conducted by the Defence Force; or

                     (b)  conducted by an arm of the defence forces of another country that is in Australia with the approval of the Government of Australia; or

                     (c)  conducted or authorised by the Department of Defence.

15  Fishing or collecting

             (1)  In this regulation:

possess something means:

                     (a)  to have custody or control of it; or

                     (b)  to have an ability or right to obtain custody or control of it.

             (2)  For the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:

                     (a)  an animal or plant of a protected species is not to be taken or possessed otherwise than in accordance with subparagraph 5.3 (b)(ii) or paragraph 5.3(c) of the Zoning Plan;

                     (b)  a specimen of an animal of a species referred to in Part 1 of Table 15 is not to be taken or possessed;

                     (c)  not more than 5 specimens of an animal of a species referred to in Part 2 of that table are to be taken or possessed;

                     (d)  if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:

                              (i)  no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and

                             (ii)  the taking or possession is to be in accordance with that legislation.

Note for paragraph 2(a):                For the kinds of species that are protected species, see regulation 29.

Table 15          Restricted species for fishing or collecting

 

Item

Species

Common names

Part 1—No specimens to be taken or possessed at any time

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

Part 2—No more than 5 specimens to be taken or possessed at a time

1

Chlorurus microrhinos

Steephead parrotfish

2

Class Ascidiacea (all species)

Sea squirts

3

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails, whelks, slugs, limpets, cowries including trochus, bailer shell, volutes, murex shells, nudibranchs (except helmet shell and triton shell)

4

Family Anomalopidae (all species)

Flashlightfishes

5

Family Antennariidae (all species)

Anglerfishes and frogfishes

6

Family Aploactinidae (all species)

Velvetfishes

7

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

8

Family Aulostomidae (all species)

Trumpetfishes

9

Family Balistidae (all species)

Triggerfishes

10

Family Batrachoididae (all species)

Toadfishes

11

Family Blenniidae (all species)

Blennies

12

Family Callionymidae (all species)

Dragonets

13

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

14

Family Centriscidae (all species)

Razorfishes and shrimpfishes

15

Family Chaetodontidae (all species)

Butterflyfishes

16

Family Cirrhitidae (all species)

Hawkfishes

17

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

18

Family Congridae (all species)

Conger eels

19

Family Diodontidae (all species)

Porcupinefishes

20

Family Ephippidae (all species)

Batfishes

21

Family Fistulariidae (all species)

Flutemouths

22

Family Gobiidae (all species)

Gobies

23

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

24

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

25

Family Malacanthidae (all species)

Sand tilefishes

26

Family Microdesmidae (all species)

Wormfishes and dartfishes

27

Family Monacanthidae (all species)

Leatherjackets

28

Family Monocentridae (all species)

Pineapplefishes

29

Family Muraenidae (all species)

Moray eels

30

Family Ophichthidae (all species)

Snake eels

31

Family Ostraciidae (all species)

Boxfishes

32

Family Pegasidae (all species)

Seamoths

33

Family Plesiopidae (all species)

Longfins

34

Family Pomacanthidae (all species)

Angelfishes

35

Family Pomacentridae (all species)

Damselfishes

36

Family Priacanthidae (all species)

Bigeyes

37

Family Pseudochromidae (all species)

Dottybacks and eel blennies

38

Family Scorpaenidae (all species)

Firefishes, scorpionfishes, lionfishes

39

Family Siganidae (all species)

Rabbitfish

40

Family Tetraodontidae (all species)

Pufferfishes

41

Family Tripterygiidae (all species)

Triplefins

42

Family Zanclidae (all species)

Moorish idol

43

Genus Nautilus (all species)

Nautilus

44

Genus Pinctada (all species)

Pearl oysters

45

Phylum Echinodermata (all species except those of the class Holothuroidea)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers

46

Phylum Porifera (all species)

Sponges

47

Sub‑families Anthiinae and Grammistinae (all species)

Anthias and soapfishes

16  Harvest fisheries

                   For the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Chapters 7 and 11 of the Fisheries Regulation) are declared:

                     (a)  the Aquarium Fish Fishery;

                     (b)  the Bêche‑de‑Mer Fishery (East Coast);

                     (c)  the Coral Fishery;

                     (d)  the Commercial Crayfish and Rocklobster Fishery;

                     (e)  the Pearl Fishery;

                      (f)  the Shell Fishery;

                     (g)  the Trochus Fishery (East Coast);

                     (h)  the Beachworm Fishery;

                      (i)  the Bloodworm Fishery;

                      (j)  the Marine Yabby Fishery.

17  Hook—definition for Zoning Plan

             (1)  In the Zoning Plan:

hook means, in addition to its ordinary meaning, any of the things mentioned in subregulation (2).

             (2)  Those things are the following:

                     (a)  a single‑shanked double or treble hook;

                     (b)  a lure (that is, an artificial bait with no more than 3 hooks attached to it);

                     (c)  an artificial fly;

                     (d)  a jig for taking squid;

                     (e)  a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of 1 hook being threaded through the eye of another, or joined by a swivel or wire) with at least 1 of the other hooks in the set, used to attach 1 piece of bait and intended to catch only 1 fish;

                      (f)  a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).

18  Limited collecting

                   In the Zoning Plan, limited collecting means the collecting of an animal or plant, subject to the condition or limitation that the collecting is done by hand, or with a hand‑held implement that is not motorised nor pneumatically nor hydraulically operated.

19  Limited impact research (extractive)—definition for Zoning Plan

             (1)  In this regulation:

location means a discrete, identified reef, or a continuous non‑reef area of up to 10 square kilometres.

research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.

site means an area of 3 000 square metres within a location.

             (2)  In the zoning plan, limited impact research (extractive) means:

                     (a)  research that involves:

                              (i)  the taking of an animal, plant or marine product by limited research sampling; or

                             (ii)  the installation and operation of minor research aids:

                                        (A)  that do not pose a threat to safety or navigation; and

                                        (B)  that are installed and used in accordance with the limitations set out in subregulation (5); and

                     (b)  research that is a component of:

                              (i)  an educational program; or

                             (ii)  a research project;

                            conducted by an accredited educational or research institution; and

                     (c)  if the research is conducted in the Scientific Research Zone, and the Authority has approved an environmental management plan in writing for the research station adjacent to the area—research that is conducted in accordance with that plan.

Note:          Limited research sampling is defined in subregulation (3); minor research aids is defined in subregulation (4). For accredited educational or research institution, see the Zoning Plan and regulation 7.

             (3)  In subregulation (2):

limited research sampling means sampling in accordance with the following limitations or conditions:

                     (a)  taking is done:

                              (i)  by hand; or

                             (ii)  by the use of a hand‑held implement that is not motorised nor pneumatically nor hydraulically operated; or

                            (iii)  by the use of a minor research aid;

                     (b)  explosives or chemicals are not used;

                     (c)  in the case of an animal species mentioned or referred to in Part 1 of Table 19‑1, no specimens are taken or collected;

                     (d)  in the case of an animal species mentioned or referred to in Part 2 of that table:

                              (i)  no more than 20 specimens in total; and

                             (ii)  no more than 5 specimens per location;

                            are taken or collected per research project per calendar year;

                     (e)  in the case of an animal species mentioned or referred to in Part 3 of that table:

                              (i)  no more than 50 specimens in total, and no more than 10 specimens per site, are taken or collected per research project per calendar year; and

                             (ii)  no specimen longer than 1 000 millimetres is taken;

                      (f)  in the case of an animal species mentioned or referred to in Part 4 of that table:

                              (i)  no more than 50 specimens in total; and

                             (ii)  no more than 10 specimens per site;

                            are taken or collected per research project per calendar year;

                     (g)  in the case of an animal species referred to in Part 5 of that table:

                              (i)  no more than 500 specimens in total; and

                             (ii)  no more than 100 specimens per location;

                            are taken or collected per research project per calendar year;

                     (h)  in the case of an animal species other than a species mentioned or referred to in that table:

                              (i)  no more than 200 specimens in total; and

                             (ii)  no more than 50 specimens per location;

                            are taken or collected per research project per calendar year;

                      (i)  in the case of a plant species referred to in Table 19‑2, no more than the number of specimens permitted by Queensland fisheries legislation to be taken are taken or collected;

                      (j)  no more than 20 litres of wet sediment is taken or collected per research project per calendar year;

                     (k)  no more than 100 litres of seawater is taken or collected per research project per calendar year;

                      (l)  the relevant laws of the Commonwealth are complied with.

Note:          Tables 19‑1 and 19‑2 are at the end of this regulation.

             (4)  In subregulation (2):

minor research aids means the following:

                     (a)  apparatus and equipment authorised under Queensland fisheries legislation for recreational use;

                     (b)  fish tags;

                     (c)  stakes less than 12 mm in diameter;

                     (d)  data loggers for attachment to marker buoys, bolts or dive weights;

                     (e)  non‑fixed plankton nets;

                      (f)  water sampling devices that are not motorised nor pneumatically nor hydraulically operated;

                     (g)  sediment sampling devices that are not motorised nor pneumatically nor hydraulically operated;

                     (h)  sub‑surface marker buoys less than 100 mm in diameter;

                      (i)  surface marker buoys less than 200 mm in diameter;

                      (j)  bolts or dive weights for attachment to data loggers;

                     (k)  non‑fixed transect tapes and quadrats, but only if such tapes or quadrats are attended at all times.

             (5)  For sub‑subparagraph (2)(a)(ii)(B), the following are the limitations on the installation and use of minor research aids:

                     (a)  no more than 10 stakes may be used per research project;

                     (b)  a stake must protrude less than 300 mm from the substrate;

                     (c)  no more than 20 sub‑surface marker buoys may be used per research project per location;

                     (d)  sub‑surface marker buoys must be attached by lines to either:

                              (i)  concrete nails driven into dead coral substrate; or

                             (ii)  inverted‑U‑shaped metal rods less than 6 mm in diameter driven into sand;

                     (e)  no more than 10 surface marker buoys may be used per research project per location;

                      (f)  if surface marker buoys are used, a researcher associated with the research project must be present at all relevant times at the location;

                     (g)  a surface marker buoy must be attached by lines to either:

                              (i)  concrete nails driven into dead coral substrate; or

                             (ii)  inverted‑U‑shaped metal rods less than 6 mm in diameter driven into sand.

Table 19‑1      Animal species limited by number for limited            research sampling

 

Item

Species

Common name

Part 1—No specimens to be taken

1

Class Mammalia (all species)

Mammals

2

Class Aves (all species)

Birds

3

Class Reptilia (all species)

Reptiles

4

Class Amphibia (all species)

Amphibians

5

Family Syngnathidae (all species)

Seahorses, seadragons, pipefish

6

Family Solenostomidae (all species)

Ghost pipefish

7

Cheilinus undulatus

Humphead Maori wrasse

8

Coris aygula

Clown coris

9

Bolbometopon muricatum

Humphead parrotfish

10

Chlorurus microrhinos

Steephead parrotfish

11

Cetoscarus bicolor

Bicolour parrotfish

12

Scarus rubroviolaceus

Ember parrotfish

13

Family Pristidae (all species)

Sawfish

14

Cromileptes altivelis

Barramundi cod

15

Epinephelus lanceolatus

Queensland grouper

16

Epinephelus tukula

Potato cod

17

Halophryne queenslandiae

Sculptured frogfish

18

Ogilbyina novaehollandiae

Multicolour dottyback

19

Family Istiophoridae (all species)

Marlin

20

Xiphias gladius

Swordfish

21

Carcharias taurus

Grey nurse shark

22

Rhincodon typus

Whale shark

23

Carcharias carcharias

Great white shark

24

Family Palinuridae (all species)

Rock lobster

25

Holothuria nobilis

Black teatfish

26

Holothuria fuscogilva

White teatfish

27

Family Tridacnidae (all species)

Giant clams

28

Melo amphora

Baler shell

29

Charonia tritonis

Triton

30

Cassis cornuta

Helmet shell

31

Pinctada maxima, P. margaritifera

Pearl oyster

32

Family Muricidae (all species)

Muricids

33

Classes Anthozoa and Hydrozoa (all species)

All corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

Part 2—20 specimens of each species in total and no more than 5 of each species per location

34

Order Octopoda (all species)

Octopus

35

Brachaelurus colcloughi

Colclough’s shark

36

Pseudocarcharias kamoharai

Crocodile shark

37

Isurus oxyrinchus

Shortfin mako

38

Hypogaleus hyagaensis

Blacktip topeshark

39

Carcharhinus amblyrhynchos

Grey reef shark

40

Carcharias brevipinna

Spinner shark

41

Carcharias falciformis

Silky shark

42

Carcharias leucas

Bull shark

43

Galeocerdo cuvier

Tiger shark

44

Triaenodon obesus

Whitetip reef shark

45

Sphyrna lewini

Scalloped hammerhead

46

Sphyrna mokarran

Great hammerhead

47

Rhynchobatus djiddensis

Whitespot giant guitarfish

48

Taeniura lymna

Bluespotted ribbontail ray

49

Aetobatus narinari

Spotted eagle ray

50

Manta birostris

Manta ray

51

Dasyatis fluviorum

Estuary stingray

52

Urogymnus asperrimus

Porcupine ray

53

Carcharhinus plumbeus

Sandbar shark

54

Carcharhinus obscurus

Black whaler

55

Orectolobus ornatus

Banded wobbegong

56

Carcharhinus limbatus

Blacktip shark

57

Centrophorus granulosus

Gulper shark

58

Dalatias licha

Black shark

Part 3—50 specimens of each species in total and no more than 10 of each species per site, none longer than 1 000 mm

59

Genus Epinephelus (all species except E. lanceolatus and E. tukula)

Cods and groupers, except Queensland grouper and potato cod

Part 4—50 specimens of each species in total and no more than 10 of each species per site

60

Genus Bodianus (all species)

Hogfish

61

Cheilinus fasciatus

Redbreasted Maori wrasse

62

Cheilinus trilobatus

Tripletail Maori wrasse

63

Choerodon anchorago

Anchor tuskfish

64

Choerodon cephalotes

Purple tuskfish

65

Choerodon cyanodus

Blue tuskfish

66

Choerodon schoenleinii

Blackspot tuskfish

67

Choerodon venustus

Venus tuskfish

68

Family Scaridae (all species except Bolbometopon muricatum, Chlorurus microrhinos, Cetoscarus bicolor and Scarus rubroviolaceus)

Parrotfish, all species except humphead parrotfish, steephead parrotfish, bicolour parrotfish and ember parrotfish

69

Family Serranidae (all species except Cromileptes altivelis and all those of the genus Epinephelus)

(Exceptions: Barramundi cod and groupers)

70

Gnathodentex aureolineatus

Gold‑lined sea bream

71

Genus Gymnocranius (all species)

Sea bream

72

Lethrinus atkinsoni

Yellow‑tailed emperor

73

Lethrinus erythracanthus

Yellow‑spotted emperor

74

Lethrinus genivittatus

Lancer

75

Lethrinus harak

Thumbprint emperor

76

Lethrinus lentjan

Pink‑eared emperor

77

Lethrinus miniatus

Sweetlip emperor (Red‑throat emperor)

78

Lethrinus nebulosus

Spangled emperor

79

Lethrinus obsoletus

Orange‑striped emperor

80

Lethrinus olivaceus

Long‑nose emperor

81

Lethrinus ornatus

Yellow‑striped emperor

82

Lethrinus rubrioperculatus

Red‑eared emperor

83

Lethrinus xanthochilus

Yellowlip emperor

84

Lethrinus variegates

Variegated emperor

85

Monotaxis grandoculis

Bigeye bream

86

Aphareus furca

Small‑toothed jobfish

87

Etelis carbunculus

Ruby snapper

88

Etelis coruscans

Flame snapper

89

Lutjanus adetii

Hussar (Pink hussar)

90

Lutjanus bitueniatus

Indonesian snapper

91

Lutjanus bohar

Red bass

92

Lutjanus boutton

Paleface snapper

93

Lutjanus carponotatus

Spanish flag (Stripey)

94

Lutjanus erythropterus

Crimson seaperch (Small‑mouth nannygai)

95

Lutjanus malabaricus

Saddletail seaperch (Large‑mouth nannygai)

96

Lutjanus fulviflamma

Black‑spot snapper

97

Lutjanus fulvus

Yellow‑margined seaperch

98

Lutjanus gibbus

Paddletail

99

Lutjanus kasmira

Bluestripe seaperch

100

Lutjanus lemniscatus

Dark‑tailed seaperch

101

Lutjanus lutjanus

Bigeye seaperch

102

Lutjanus monostigma

Onespot seaperch

103

Lutjanus quinquelineatus

Five‑lined seaperch

104

Lutjanus rivulatus

Maori seaperch

105

Lutjanus russelli

Moses perch

106

Lutjanus sebae

Red emperor

107

Lutjanus vitta

Brownstripe seaperch (Brown hussar)

108

Macolor macularis

Midnight seaperch

109

Macolor niger

Black and white seaperch

110

Symphorus nematophorus

Chinamanfish

111

Symphorichthys spilurus

Sailfin snapper

112

Lutjanus johnii

Fingermark

113

Pristipomoides filamentosus, P. sieboldi

Rosy jobfish

114

Pristipomoides multidens, P. typus

Gold band snapper

115

Aprion virescens

Green jobfish

116

Glaucosoma scaplare

Pearl perch

117

Atractoscion aequidens

Teraglin jew

118

Protonibea diacanthus

Black jewfish

119

Agrioposphyraena barracuda

Barracuda

120

Scomberomorus munroi

Spotted mackerel

121

Platycephalus fuscus

Dusky (mud) flathead

122

Family Antenariidae (all species except Halophryne queenslandiae)

Anglerfishes and frogfishes, except sculptured frogfish

123

Family Aulostomidae (all species)

Trumpetfish

124

Family Balistidae (all species)

Triggerfish

125

Family Muraenidae (all species)

Moray eels

126

Family Ophichthidae (all species)

Snake eels

127

Family Congridae (all species)

Conger eels

128

Family Fistulariidae (all species)

Flutemouths

129

Family Ostraciidae (all species)

Boxfish

130

Phylum Echinodermata (all species except Holothuria nobilis and H. fuscogilva)

Echinoderms, all species except black teatfish and white teatfish

131

Ranina ranina

Spanner crab

132

Phylum Mollusca (all species except: all those of the order Octopoda and the family Tridacnidae; Melo amphora, Charonia tritonis, Cassis cornuta, Pinctada maxima and P. margaritifera; and all those of the family Muricidae)

All species of molluscs except octopus, giant clams, baler shell, triton, helmet shell, pearl oysters and muricids

Part 5—500 specimens of each species in total and no more than 100 of each species per location

133

Family Atherinidae (all species)

Hardyheads

134

Family Blenniidae (all species)

Blennies

135

Family Clupeidae (all species)

Herring

136

Family Engraulidae (all species)

Anchovies

137

Family Gobiidae (all species)

Gobies

138

Family Pomacentridae (all species)

Damselfish

139

Family Siganidae (all species)

Rabbitfish

140

Family Synodontidae (all species)

Lizardfish

141

Family Tripterygiidae (all species)

Triplefins

Table 19‑2      Plant species limited by number for limited research sampling

 

Item

Species

Common Name

1

Family Rhizophoraceae (all species)

Mangroves

2

Division Magnoliophyta (all species)

Seagrass

3

Kingdom Protista (all species)

Algae

20  Limited impact research (non‑extractive)—definition for Zoning Plan

             (1)  In this regulation:

research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.

             (2)  In the Zoning Plan, limited impact research (non‑extractive) means:

                     (a)  research that does not involve the taking of animals, plants or marine products, but includes:

                              (i)  visual surveys, other than of cetaceans; or

                             (ii)  research that does not involve an activity that would, if it were not part of a research activity, require permission; and

                            (iii)  social research that does not involve the conduct of archaeological excavations; and

                     (b)  research that is a component of:

                              (i)  an educational program; or

                             (ii)  a research project;

                            conducted by an accredited educational or research institution; and

                     (c)  if the research is conducted in an area in the Scientific Research Zone, and the Authority has approved an environmental management plan in writing for the research station adjacent to the area—research that is conducted in accordance with that plan.

Note:          For accredited educational or research institution, see the Zoning Plan and regulation 7.

             (3)  For subparagraph (2)(a)(i), a visual survey may include the use of non‑fixed transect tapes or quadrats, but only if such tapes or quadrats are attended at all times.

21  Limited spearfishing

                   For the purposes of the definition of limited spearfishing in the Zoning Plan, the following limitations are prescribed:

                     (a)  a person must not have a loaded speargun in his or her possession out of the water;

                     (b)  a person must not engage in spearfishing in any part of the Marine Park where spearfishing is prohibited under Queensland fisheries legislation.

22  Limited trapping

             (1)  For the definition of limited trapping in the Zoning Plan, the following limitations are prescribed:

                     (a)  that, subject to paragraphs (b),(c) and (d), Queensland fisheries legislation is complied with;

                     (b)  that trapping must only be conducted for the purpose of taking crabs, and only crabs are taken;

                     (c)  that only crab pots, collapsible traps and dillies are used;

                     (d)  that no more than 4 crab pots, collapsible traps or dillies (alone or in combination) are used.

             (2)  In paragraph (1)(c):

crab pots, collapsible traps and dillies have the same respective meanings as in the Fisheries Regulation.

23  Managed vessel or aircraft

                   For the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:

                     (a)  hovercraft;

                     (b)  wing‑in‑ground‑effect craft;

                     (c)  hydrofoils.

24  Mission Beach Leader Prawn Broodstock Capture Area

                   For the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the following area is declared, that is, the area of the Marine Park bounded by a notional line beginning at the intersection of the coastline of the mainland at low water with the parallel 17° 39.1′ S near Double Point and running progressively:

                     (a)  east along the parallel to 17° 39.1′ S, 146° 11.8′ E;

                     (b)  southerly along the geodesic to 17° 52.81′ S, 146° 9.62′ E;

                     (c)  south‑easterly along the geodesic to 18° 3.92′ S, 146° 13.39′ E;

                     (d)  north‑westerly along the geodesic to the easternmost intersection of the coastline of the mainland at low water with the parallel 18° 1.97′ S near the southern bank of the mouth of the Tully River;

                     (e)  generally northerly along the coastline at low water to the point of commencement.

25  Motorised watersports—definition for Zoning Plan

                   In the Zoning Plan:

motorised watersports means any of the following:

                     (a)  irregular driving of a motorised vessel—that is, driving such a vessel otherwise than in a straight line, including:

                              (i)  driving in a circular pattern; or

                             (ii)  weaving or diverting; or

                            (iii)  surfing down, or jumping over or across, any wave, swell or wash;

                            except for any necessary turn or diversion;

                     (b)  any activity in which a motorised vessel tows a person on top of the water or in the air, for example, waterskiing or parasailing;

                     (c)  any activity in which:

                              (i)  a vessel is operated at a speed greater than 35 knots; or

                             (ii)  a personal watercraft is used;

                            except transport by the most direct reasonable route (not including irregular driving) between 2 places.

Note:          The definition for the Zoning Plan is similar to the definition of motorised water sport in regulation 3 except that paragraph (b) of that definition also applies to high‑speed vessels and subparagraph (c)(ii) relates to submerging for viewing coral.

26  Netting

             (1)  For the definition of netting in the Zoning Plan, the following limitations are prescribed:

                     (a)  set mesh nets used in offshore waters in an area described in Parts 1 to 5 of Table 47.2 in subregulation 47(4) must be used only as permitted by that subregulation;

                     (b)  subject to subregulation (2), the provisions of the Fisheries Regulation must be complied with if those provisions:

                              (i)  apply in the Marine Park; and

                             (ii)  relate to the use of nets in commercial net fisheries;

                     (c)  subject to subregulation (2), netting must not be carried out in an area described in Table 47.3 in subregulation 47(5);

                     (d)  subject to paragraphs (e) and (f) and subregulation (2), only the following kinds of nets may be used in an area described in Table 47.4 in subregulation 47(9):

                              (i)  set mesh nets;

                             (ii)  mesh nets;

                     (e)  set mesh nets used in the area described in Table 47.4 in subregulation 47(9) must be used only as permitted by subregulation 47(7);

                      (f)  mesh nets used in the area described in Table 47.4 in subregulation 47(9) must be used only as permitted by that subregulation.

             (2)  Paragraph (1)(b), (c) or (d) does not apply to bait netting, or to section 475 or Part 5 of Chapter 9 of the Fisheries Regulation to the extent that those provisions relate to bait netting.

Note:          See regulation 13 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.

             (3)  In subregulation (1):

mesh net has the meaning given by the Fisheries Regulation.

offshore waters has the meaning given by the Fisheries Regulation.

set mesh net has the meaning given by the Fisheries Regulation.

27  Pelagic species

                   For the definition of pelagic species in the Zoning Plan:

                     (a)  all species in each of the following families are declared:

                              (i)  Carangidae;

                             (ii)  Coryphaenidae;

                            (iii)  Sphyraenidae;

                            (iv)  Istiophoridae;

                             (v)  Scombridae; and

                     (b)  all species in each of the following genera are declared:

                              (i)  Aphareus;

                             (ii)  Aprion; and

                     (c)  the following species are declared:

                              (i)  Rachycentron canadum;

                             (ii)  Xiphias gladius.

28  Photography, filming or sound recording—definition for Zoning Plan

                   In the Zoning Plan:

photography, filming or sound recording means the recording of images or sounds in a way that has, or is likely to have, negligible impact on the Marine Park.

29  Protected species

             (1)  For the definition of protected species in the Zoning Plan, the following species are declared:

                     (a)  each species of cetacean;

                     (b)  each species that is a listed marine species, a listed migratory species, a listed threatened ecological community or a listed threatened species (in each case within the meaning of the Environment Protection and Biodiversity Conservation Act 1999);

                     (c)  each species of marine mammal, bird or reptile that is prescribed as ‘endangered wildlife’, ‘near threatened wildlife’, ‘rare wildlife’ or ‘vulnerable wildlife’ under the Nature Conservation Act 1992 of Queensland as in force from time to time;

                     (d)  each species that is at risk or in need of special protection and is mentioned or referred to in Table 29.

          (1A)  For the purposes of paragraph (d) of the definition of protected species in subsection 3(1) of the Act, the following species are declared:

                     (a)  each species mentioned or referred to in Table 29;

                     (b)  each species of marine mammal, bird or reptile that is prescribed as ‘near threatened wildlife’ under the Nature Conservation Act 1992 of Queensland as in force from time to time.

             (2)  An individual of a species of the genus Epinephelus (other than E. tukula or E. lanceolatus) is taken to be of a protected species if the individual is more than 1 000 millimetres long.

Table 29          Protected species

 

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Helmet shell

3

Charonia tritonis

Giant triton shell

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, pipefish, seadragons

4A

Family Pristidae (all species)

Freshwater sawfish, green sawfish, dwarf sawfish, narrow sawfish

5

Epinephelus tukula

Potato rockcod

6

Epinephelus lanceolatus

Queensland groper

7

Cheilinus undulatus

Humphead Maori wrasse

8

Cromileptes altivelis

Barramundi cod

9

Rhincodon typus

Whale shark

10

Carcharias taurus

Greynurse shark

11

Carcharodon carcharias

White shark

11A

Glyphis glyphis

Speartooth shark

Marine reptiles

12

Genus Crocodylus (all species)

Crocodiles

13

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

14

Family Cheloniidae (all species)

Green turtle, loggerhead turtle, olive ridley turtle, hawksbill turtle, flatback turtle

15

Family Dermochelyidae

Leatherback turtle

Birds

16

Class Aves (all species)

Birds

Marine mammals

17

Families Otariidae and Phocidae (all species)

Seals

18

Dugong dugon

Dugong

19

Order Cetacea (all species)

Whales and dolphins

30  Queensland fisheries legislation

                   For the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland as in force from time to time are prescribed:

                     (a)  the Fisheries Act 1994;

                     (b)  the Fisheries Regulation;

                     (c)  a fishery management plan made under paragraph 32 (1) (a) of the Fisheries Act 1994 of Queensland, to the extent that the plan applies in the Marine Park.

31  Ship—definition for Zoning Plan

                   In the Zoning Plan:

ship means a vessel that is:

                     (a)  50 metres or more in overall length; or

                     (b)  an oil tanker (within the meaning given by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973), regardless of its length; or

                     (c)  a chemical carrier or liquefied gas carrier, regardless of its length; or

                     (d)  a ship to which the INF Code applies, regardless of its length; or

                     (e)  a vessel that is adapted to carry oil or chemicals in bulk in cargo spaces; or

                      (f)  a vessel engaged in towing or pushing another vessel or vessels if any of paragraphs (a) to (e) applies to the towed or pushed vessel, or the total length of the tow, from the stern of the towing vessel to the after end of the tow, is greater than 150 metres;

but does not include:

                     (g)  a vessel of the Defence Force; or

                     (h)  a vessel of the armed service of another country, if the vessel is in Australian waters with the consent of Australia; or

                      (i)  a super‑yacht (that is, a vessel more than 50 metres in overall length used for private recreational activities).

Note for paragraph (d) of the definition of ship:       The INF Code is the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑level Radioactive Wastes on Board Ships. The Code has effect under Chapter VII of the International Convention for the Safety of Life at Sea, 1974. (See Department of Foreign Affairs and Trade, Select Documents on International Affairs, No. 47 (1999)).

32  Stowed or secured

                   For the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:

                     (a)  all nets are out of the water or the fore ends of the nets are drawn up to the booms;

                     (b)  all otter boards are drawn up to the trawl blocks on the booms or are inboard the vessel;

                     (c)  all lazy lines are through the blocks;

                     (d)  the cod ends are open.

33  Traditional owner and traditional owner group—definitions for Zoning Plan

                   In the Zoning Plan:

traditional owner means a person of Aboriginal or Torres Strait Islander descent who:

                     (a)  is recognised in the indigenous community or by a relevant representative Aboriginal/Torres Strait Islander body:

                              (i)  as having spiritual or cultural affiliations with a site or area in the Marine Park; or

                             (ii)  as holding native title in relation to that site or area; and

                     (b)  is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.

traditional owner group, in relation to a site or area of the Marine Park, means the group of traditional owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.

34  Trapping

             (1)  For the definition of trapping in the Zoning Plan, the following limitations are prescribed:

                     (a)  that trapping may only be conducted for the purpose of taking crabs, and only crabs are taken;

                     (b)  that the take of crabs must be in accordance with the relevant provisions of Queensland fisheries legislation;

                     (c)  that only crab pots, collapsible traps and dillies are used;

                     (d)  that the apparatus used to trap crabs must be used in accordance with the relevant provisions of Queensland fisheries legislation.

             (2)  In paragraph (1)(c):

crab pots, collapsible traps and dillies have the same respective meanings as in the Fisheries Regulation.

35  Trawling

                   For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the Fisheries Regulation and the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland are complied with.

35A  Trolling—prescribed limitation

                   For the definition of trolling in the Zoning Plan, the limitation is prescribed that a vessel is taken to be under way only if it is being propelled through the water in a forward direction (whether by engine, sail or human power) and is not adrift.

36  Vessel or aircraft charter operation—definition for Zoning Plan

                   In the Zoning Plan:

vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:

                     (a)  that is available for charter or hire; and

                     (b)  that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and

                     (c)  that travels in or into the Marine Park; and

                     (d)  that is not merely transiting through the Marine Park by the most direct and reasonable route to a place outside the Marine Park.

37  General Use Zone—activities

                   For paragraph 2.2.4(o) of the Zoning Plan, fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line is declared.

38  Habitat Protection Zone—activities

                   For paragraph 2.3.4(o) of the Zoning Plan, the following purposes are declared:

                     (a)  fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

                     (b)  aquaculture operations that involve the addition of feed.

39  Conservation Park Zone—activities

                   For paragraph 2.4.4(n) of the Zoning Plan, the following activities are declared:

                     (a)  fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

                     (b)  aquaculture operations that involve the addition of feed.

40  Buffer Zone—activities

                   For paragraph 2.5.4(k) of the Zoning Plan, the following activities are declared:

                     (a)  fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

                     (b)  aquaculture operations that involve the addition of feed.

41  Scientific Research Zone—activities

                   For paragraph 2.6.4(l) of the Zoning Plan, the following activities are declared:

                     (a)  fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

                     (b)  aquaculture operations that involve the addition of feed.

42  Marine National Park Zone—activities

                   For paragraph 2.7.4(l) of the Zoning Plan, the following activities are declared:

                     (a)  fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

                     (b)  aquaculture operations that involve the addition of feed.

43  Preservation Zone—activities

                   For paragraph 2.8.4(b) of the Zoning Plan, the following activities are declared:

                     (a)  fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

                     (b)  aquaculture operations that involve the addition of feed.

44  Remote Natural Area—purposes for which the area may not be used or entered

                   For paragraph 3.3(b) of the Zoning Plan, the following purposes are declared:

                     (a)  carrying out works (other than works relating to navigational aids) involving:

                              (i)  dumping spoil; or

                             (ii)  reclamation; or

                            (iii)  beach protection works; or

                            (iv)  harbour works;

                     (b)  constructing or operating a structure other than a vessel mooring or a navigational aid.

45  Special Management Areas—types

                   For section 4.2.1 of the Zoning Plan, there are the following additional types of Special Management Area:

                     (a)  Species Conservation (Dugong Protection) SMA;

                     (b)  Seasonal Closure (Offshore Ribbon Reefs) SMA;

                     (c)  No Dories Detached (Offshore Ribbon Reefs) SMA;

                     (d)  Restricted Access SMA;

                     (e)  Public Appreciation SMA;

                      (f)  No Dories Detached (Marine National Park Zone) SMA;

                     (g)  One Dory Detached (Conservation Park Zone) SMA;

                     (h)  One Dory Detached (Buffer Zone) SMA;

                      (i)  Natural Resources Conservation SMA.

46  Species Conservation (Dugong Protection) SMAs—declaration

             (1)  The areas described in Parts 1 and 2 of Table 46 are declared to be the Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA.

             (2)  The areas described in Parts 3 and 4 of that table are declared to be the Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA.

             (3)  The areas described in Parts 5 and 6 of that table are declared to be the Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA.

             (4)  The areas described in Parts 18, 19 and 20 of that table are declared to be the Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA.

             (5)  The area described in each other Part of that table is declared to be a Species Conservation (Dugong Protection) SMA having the name set out in the Part heading.

Table 46         Species Conservation (Dugong Protection) SMAs

Table 46 Part 1   Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA—Part 1

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 18º 12.809′ S (at or about 18°12.809′ S, 146° 00.778′ E) then running progressively:

 

1

north‑easterly along the geodesic to 18° 08.493′ S, 146° 09.898′ E;

2

easterly along the geodesic to the intersection of the coastal 500 metre line around the Brook Islands and the parallel 18° 08.426′ S;

3

along the coastal 500 metre line around the Brook Islands to its intersection with the meridian 146º 18.298′ E (at or about 18° 09.813′ S, 146° 18.298′ E);

4

southerly along the geodesic to the intersection of the coastal 500 metre line around Eva Island and the meridian 146° 19.148′ E (at or about 18° 13.651′ S, 146° 19.148′ E);

5

along that coastal 500 metre line around Eva Island to its intersection with the meridian 146° 19.681′ E (at or about 18° 14.622′ S, 146° 19.681′ E);

6

southerly along the geodesic to the intersection of the eastern tip of Hillock Point, Hinchinbrook Island at mean low water and the parallel 18° 25.173′ S (at or about 18° 25.173′ S, 146° 21.460′ E);

7

generally northerly and westerly along the island coastline at mean low water to its intersection with the Marine Park boundary (at or about 18° 14.816′ S, 146° 04.238′ E);

8

west along the Marine Park boundary to its intersection with the mainland coastline at mean low water (at or about 18° 14.816′ S, 146° 00.983′ E);

9

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 2   Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA—Part 2

                   The area bounded by a notional line commencing at the intersection of the eastern tip of Hillock Point, Hinchinbrook Island at mean low water and the parallel 18° 25.176′ S (at or about 18° 25.176′ S, 146° 21.460′ E) then running progressively:

 

1

southerly along the geodesic to 18° 31.216′ S, 146° 23.189′ E;

2

westerly along the geodesic to the intersection of the Marine Park boundary and the parallel 18° 31.221′ S (at or about 18° 31.221′ S, 146° 23.116′ E);

3

generally northerly along the Marine Park boundary to its intersection with the island coastline at mean low water (at or about 18° 29.220′ S, 146° 19.055′ E);

4

along the island coastline at mean low water to the point of commencement

Table 46 Part 3   Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA—Part 1

                   The area bounded by a notional line commencing at the point 18° 31.216′ S, 146° 23.189′ E then running progressively:

 

1

southerly along the geodesic to the intersection of the Marine Park boundary and the parallel 18° 32.731′ S (at or about 18° 32.731′ S, 146° 23.422′ E);

2

northerly along the Marine Park boundary to its intersection with the parallel 18° 31.221′ S (at or about 18° 31.221′ S, 146° 23.116′ E);

3

easterly along the geodesic to the point of commencement

Table 46 Part 4   Lucinda to Allingham—Halifax Bay Species Conservation (Dugong Protection) SMA—Part 2

                   The area bounded by a notional line commencing at the intersection of the Marine Park boundary and the parallel 18° 33.999′ S (at or about 18° 33.999′ S, 146° 23.473′ E), then running progressively:

 

1

southerly along the geodesic to 18° 37.593′ S, 146° 23.098′ E;

2

southerly along the geodesic to 18° 42.393′ S, 146° 21.131′ E;

3

west along the parallel to its intersection with the mainland coastline at mean low water (at or about 18° 42.393′ S, 146° 18.046′ E);

4

along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 18° 34.709′ S, 146° 20.449′ E);

5

along the Marine Park boundary to the point of commencement

Table 46 Part 5   Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA—Part 1

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 19° 10.708′ S (at or about 19° 10.708′ S, 146° 39.060′ E) then running progressively:

 

1

easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island and the parallel 19° 07.779′ S (at or about 19° 07.779′ S, 146° 46.469′ E);

2

along the coastal 500 metre line around the northern side of Magnetic Island to its intersection with the meridian 146° 50.045′ E (at or about 19° 06.028′ S, 146° 50.045′ E);

3

easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island with the meridian 146° 51.765′ E (at or about 19° 05.859′ S, 146° 51.765′ E);

4

along the coastal 500 metre line around Magnetic Island in a south‑easterly direction to its intersection with the parallel 19° 06.879′ S (at or about 19° 06.879′ S, 146° 53.357′ E);

5

south‑easterly along the geodesic to the intersection of the Marine Park boundary and the meridian 146° 54.690′ E (at or about 19° 07.599′ S, 146° 54.690′ E);

6

generally south‑westerly along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the meridian 146° 47.465′ E (at or about 19° 14.435′ S, 146° 47.465′ E);

7

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 6   Cleveland Bay—Magnetic Island Species Conservation (Dugong Protection) SMA—Part 2

                   The area bounded by a notional line commencing at the intersection of the Marine Park boundary and the meridian 146° 58.286′ E (at or about 19° 09.539′ S, 146° 58.286′ E) then running progressively:

 

1

south‑easterly along the geodesic to the intersection of the northern tip of Cape Cleveland at mean low water and the meridian 147° 00.828′ E (at or about 19° 10.910′ S, 147° 00.828′ E);

2

generally south‑westerly along the mainland coastline at mean low water to its intersection with the meridian 146° 51.465′ E (at or about 19° 16.975′ S, 146° 51.465′ E);

3

north‑easterly along the Marine Park boundary to the point of commencement

Table 46 Part 7   Bowling Green Bay Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the northern tip of Cape Cleveland at mean low water and the meridian 147° 00.891′ E (at or about 19° 10.920′ S, 147° 00.891′ E) then running progressively:

 

1

easterly along the geodesic to the intersection of the northern tip of Cape Bowling Green and the meridian 147° 23.495′ E (at or about 19° 18.137′ S, 147° 23.495′ E);

2

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 8   Upstart Bay Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water near Beach Hill and the parallel 19° 43.525′ S (at or about 19° 43.525′ S, 147° 35.273′ E) then running progressively:

 

1

easterly along the geodesic to the intersection of the western tip of Cape Upstart at mean low water and the parallel 19° 42.403′ S (at or about 19° 42.403′ S, 147° 45.156′ E);

2

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 9   Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 11.230′ E (at or about 19° 56.648′ S, 148° 11.230′ E) then running progressively:

 

1

easterly along the geodesic to the intersection of the northern tip of Gloucester Head, Gloucester Island at mean low water and the meridian 148° 27.061′ E (at or about 19° 58.300′ S, 148° 27.061′ E);

2

along the western shore of Gloucester Island at mean low water to its intersection with the meridian 148° 27.430′ E (at or about 20° 03.136′ S, 148° 27.430′ E);

3

south‑westerly along the geodesic to the intersection of the northern tip of Cape Gloucester and the meridian 148° 27.188′ E (at or about 20° 03.624′ S, 148° 27.188′ E);

4

along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 20° 04.408′ S, 148° 16.622′ E);

5

along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the parallel 20° 00.708′ S (at or about 20° 00.708′ S, 148° 16.102′ E);

6

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 10   Repulse Bay Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the southern tip of Rocky Point at mean low water and the meridian 148° 45.825′ E (at or about 20° 28.740′ S, 148° 45.825′ E) then running progressively:

 

1

along the mainland coastline at mean low water to its intersection with the meridian 148° 49.796′ E (at or about 20° 30.131′ S, 148° 49.796′ E);

2

south along the meridian to its intersection with latitude 20° 30.141′ S;

3

west along the parallel to its intersection with longitude 148° 45.847′ E;

4

northerly along the geodesic to the point of commencement

Table 46 Part 11   Stewart Peninsula—Newry Islands—Ball Bay Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 20° 44.908′ S (at or about 20° 44.908′ S, 148° 46.663′ E) then running progressively:

 

1

east along the parallel to its intersection with longitude 148° 50.763′ E;

2

south‑easterly along the geodesic to 20° 51.924′ S, 148° 59.813′ E;

3

south along the meridian to the intersection of the mainland coastline at mean low water and the parallel 20° 53.625′ S (at or about 20° 53.625′ S, 148° 59.813′ E);

4

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 12   Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Ball Bay and the meridian 148° 59.813′ E (at or about 20° 53.625′ S, 148° 59.813′ E) then running progressively:

 

1

north along the meridian to 20° 51.924′ S, 148° 59.813′ E;

2

south‑easterly along the geodesic to 20° 56.724′ S, 149° 06.846′ E;

3

south‑westerly along the geodesic to the intersection of the mainland coastline at mean low water at Sand Bay and the meridian 149° 05.763′ E (at or about 20° 58.774′ S, 149° 05.763′ E);

4

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 13   Llewellyn Bay Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Freshwater Point and the meridian 149° 19.840′ E (at or about 21° 24.643′ S, 149° 19.840′ E) then running progressively:

 

1

easterly along the geodesic to 21° 27.024′ S, 149° 27.763′ E;

2

southerly along the geodesic to 21° 30.574′ S, 149° 28.979′ E;

3

westerly along the geodesic to 21° 29.124′ S, 149° 24.413′ E;

4

westerly along the geodesic to the intersection of the north‑eastern tip of Allom Point at mean low water and the meridian 149° 20.630′ E (at or about 21° 28.565′ S, 149° 20.630′ E);

5

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 14   Ince Bay (Cape Palmerston—Allom Point) Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the north‑eastern tip of Allom Point at mean low water and the meridian 149° 20.630′ E (at or about 21° 28.565′ S, 149° 20.630′ E) then running progressively:

 

1

easterly along the geodesic to 21° 29.124′ S, 149° 24.413′ E;

2

easterly along the geodesic to 21° 30.574′ S, 149° 28.979′ E;

3

southerly along the geodesic to the intersection of the northern tip of Cape Palmerston at mean low water and the meridian 149° 28.968′ E (at or about 21° 31.935′ S, 149° 28.968′ E);

4

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 15   Clairview Bluff—Carmilla Creek Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water near Carmilla Creek and the parallel 21° 54.324′ S (at or about 21° 54.324′ S, 149° 27.864′ E) then running progressively:

 

1

east along the parallel to its intersection with longitude 149° 33.063′ E;

2

south‑easterly along the geodesic to 21° 57.807′ S, 149° 35.813′ E;

3

south along the meridian to its intersection with latitude 22° 01.657′ S;

4

southerly along the geodesic to 22° 10.474′ S, 149° 36.779′ E;

5

westerly along the geodesic to the intersection of the eastern tip of Clairview Bluff at mean low water and the parallel 22° 10.450′ S (at or about 22° 10.450′ S, 149° 34.022′ E);

6

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 16   Shoalwater Bay Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of MacDonald Point at mean low water and the parallel 22° 19.550′ S (at or about 22° 19.550′ S, 150° 11.575′ E) then running progressively:

 

1

north‑easterly along the geodesic to the intersection of the Swan Island coastline at mean low water and the parallel 22° 19.308′ S (at or about 22° 19.308′ S, 150° 12.145′ E);

2

along the southern island coastline at mean low water to its intersection with the parallel 22° 19.168′ S (at or about 22° 19.168′ S, 150° 12.477′ E);

3

north‑easterly along the geodesic to the intersection of the island coastline at Cape Townshend, Townshend Island and the meridian 150° 28.724′ E (at or about 22° 12.283′ S, 150° 28.724′ E);

4

along the western and southern shores of the Townshend Island coastline at mean low water to its intersection with the parallel 22° 17.753′ S (at or about 22° 17.753′ S, 150° 33.680′ E);

5

southerly along the geodesic to the intersection of Reef Point at mean low water and the meridian 150° 33.980′ E (at or about 22° 18.950′ S, 150° 33.980′ E);

6

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 17   Port Clinton (Reef Point—Cape Clinton) Species Conservation (Dugong Protection) SMA

                   The area bounded by a notional line commencing at the intersection of Reef Point at mean low water and the meridian 150° 33.980′ E (at or about 22° 18.950′ S, 150° 33.980′ E) then running progressively:

 

1

northerly along the geodesic to the intersection of the eastern tip of Townshend Island at mean low water and the parallel 22° 17.753′ S (at or about 22° 17.753′ S, 150° 33.680′ E);

2

easterly along the geodesic to 22° 19.590′ S, 150° 39.596′ E;

3

south‑easterly along the geodesic to 22° 21.507′ S, 150° 41.229′ E;

4

southerly along the geodesic to 22° 22.340′ S, 150° 41.529′ E;

5

south‑easterly along the geodesic to 22° 24.873′ S, 150° 43.262′ E;

6

south‑easterly along the geodesic to 22° 26.907′ S, 150° 45.428′ E;

7

southerly along the geodesic to 22° 31.890′ S, 150° 47.346′ E;

8

southerly along the geodesic to the intersection of the eastern tip of Cape Clinton at mean low water and the parallel 22° 32.231′ S (at or about 22° 32.231′ S, 150° 47.326′ E);

9

along the mainland coastline at mean low water to the point of commencement

Table 46 Part 18   Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA—Part 1

                   The area bounded by a notional line commencing at the intersection of the northern tip of North Point on Facing Island at mean low water and the meridian 151° 19.953′ E (at or about 23° 45.219′ S, 151° 19.953′ E) then running progressively:

 

1

generally south‑easterly along the island coastline at mean low water to its intersection with the Marine Park boundary (at or about 23° 45.346′ S, 151° 19.813′ E);

2

westerly along the Marine Park boundary to its intersection with the meridian 151° 19.567′ E (at or about 23° 45.340′ S, 151° 19.567′ E);

3

easterly along the geodesic to the point of commencement

Table 46 Part 19   Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA—Part 2

                   The area bounded by a notional line commencing at the intersection of the eastern tip of East Point on Facing Island at mean low water and the parallel 23° 51.875′ S (at or about 23° 51.875′ S, 151° 23.667′ E) then running progressively:

 

1

south‑easterly along the geodesic to its intersection with the Marine Park boundary (at or about 23° 52.173′ S, 151° 24.241′ E);

2

south‑westerly along the Marine Park boundary to the intersection of Facing Island at mean low water and the parallel 23° 52.526′ S (at or about 23° 52.526′ S, 151° 23.317′ E);

3

northerly along the island coastline at mean low water to the point of commencement

Table 46 Part 20   Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA—Part 3

                   The area bounded by a notional line commencing at the intersection of the Marine Park boundary and longitude 151° 30.695′ E (at or about 23° 55.522′ S, 151° 30.695′ E) then running progressively:

 

1

south‑easterly along the geodesic to the intersection of the northern tip of Flora Point, Rodds Peninsula at mean low water and the meridian 151° 36.814′ E (at or about 23° 58.697′ S, 151° 36.814′ E);

2

southerly along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 24° 00.515′ S, 151° 36.203′ E);

3

south‑westerly along the Marine Park boundary to the intersection of the eastern tip of Hummock Hill Island at mean low water, in the vicinity of Norton Point, and the parallel 24° 02.036′ S (at or about 24° 02.036′ S, 151° 32.748′ E);

4

along the northern coastline of Hummock Hill Island at mean low water to its intersection with the Marine Park boundary in the vicinity of Tiber Point (at or about 23° 59.499′ S, 151° 26.535′ E);

5

north‑easterly along the Marine Park boundary to the point of commencement

47  Species Conservation (Dugong Protection) SMAs—special management provisions

             (1)  In this regulation:

bait netting has the meaning given by the Zoning Plan.

commercial fisher has the same meaning as in the Fisheries Regulation.

fix, a net, has the meaning given by the Fisheries Regulation.

haul, for a net, has the meaning given by the Fisheries Regulation.

lead core rope means rope which, during manufacture, incorporates lead along the full length of the rope.

mesh net has the meaning given by the Fisheries Regulation.

mesh size, of a net, has the meaning given by the Fisheries Regulation.

netting has the meaning given by the Zoning Plan.

offshore waters has the same meaning as in the Fisheries Regulation.

set mesh net has the same meaning as in the Fisheries Regulation.

Special Management Provision—Species Conservation (Dugong Protection) SMA

          (2A)  For subsection 4.2.3(2) of the Zoning Plan and subject to subregulations (4), (5), (7) and (9), subregulation (2) specifies the special management provisions that apply to a Species Conservation (Dugong Protection) SMA.

             (2)  Netting or bait netting in an SMA mentioned in column 2 of an item in Table 47.1 in subregulation (3) must be carried out by commercial fishers in accordance with the provisions of Chapter 2 of the Fisheries Regulation specified, for the item, in column 3 of that table.

             (3)  For subregulation (2), the following table sets out the provisions of Chapter 2 of the Fisheries Regulation that are applicable to each SMA.

Table 47.1

 

Item

Species Conservation (Dugong Protection) SMA

Applicable provisions of Chapter 2

1

Hinchinbrook Island Area

Section 114

2

Lucinda to Allingham—Halifax Bay

Division 3 of Part 12

3

Cleveland Bay—Magnetic Island

Sections 116 and 116A

4

Bowling Green Bay

Division 3 of Part 12

5

Upstart Bay

Section 111

6

Edgecumbe Bay—Bowen

Division 3 of Part 12

7

Repulse Bay

Division 3 of Part 12

8

Stewart Peninsula—Newry Islands—Ball Bay

Sections 116 and 116A

9

Ball Bay—Sand Bay

Division 3 of Part 12

10

Llewellyn Bay

Division 3 of Part 12

11

Ince Bay (Cape Palmerston—Allom Point)

Sections 116 and 116A

12

Clairview Bluff—Carmilla Creek

Division 3 of Part 12

13

Shoalwater Bay

Section 110

14

Port Clinton (Reef Point—Cape Clinton)

Section 109

15

Port of Gladstone—Rodds Bay

Division 3 of Part 12

Note:          Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).

Conditions of set mesh net use in offshore waters—Table 47.2 area

             (4)  A set mesh net must not be used in offshore waters in an area described in Parts 1 to 5 of Table 47.2 unless the net:

                     (a)  is not longer than 50 m; and

                     (b)  is used in accordance with section 121 of the Fisheries Regulation.

Note:          See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (4).

Table 47.2       Offshore Waters

Table 47.2, Part 1: Offshore waters within Edgecumbe Bay—Bowen Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 13.468¢ E (at or about 19° 57.873¢ S, 148° 13.468¢ E) then running progressively:

 

1

east along the parallel to 19º 57.873′ S, 148º 13.900′ E;

2

south‑easterly along the geodesic to 19º 58.823′ S, 148º 14.542′ E;

3

easterly along the geodesic to 19º 58.871′S, 148º 15.159′ E;

4

north‑easterly along the geodesic to 19º 58.187′ S, 148º 15.316′ E;

5

south‑easterly along the geodesic to 19º 58.962′ S, 148º 16.333′ E;

6

southerly along the geodesic to 19º 59.543′ S, 148º 16.400′ E;

7

south‑westerly along the geodesic to 20º 0.354′ S, 148º 16.194′ E;

8

south‑easterly along the geodesic to 20º 0.710′ S, 148º 16.405′ E;

9

west along the parallel to the intersection of the mainland coastline at mean low water and the meridian 148º16.090′  E (at or about 20º 0.710′ S, 148º 16.090′ E);

10

generally north‑westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Adelaide Point and the meridian 148° 16.683¢ E (at or about 20° 4.410¢ S, 148° 16.683¢ E) then running progressively:

 

1

east along the parallel to 20º 4.410′ S, 148º 18.256′ E;

2

south along the meridian to 20º 4.926′ S, 148º 18.256′ E;

3

south westerly along the geodesic to 20º 5.197′  S, 148º 18.046′ E;

4

west along the parallel to 20º 5.197′ S, 148º 17.436′ E;

5

north‑westerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 148º 17.197′ E (at or about 20º 4.818′ S, 148º 17.197′ E);

6

generally north‑westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line circumferencing Poole Island, commencing at 20° 5.719¢ S, 148° 18.597¢ E then running progressively:

 

1

east along the parallel to 20º 5.719′ S, 148º 18.913′ E;

2

south‑easterly along the geodesic to 20º 5.938′ S, 148º 19.302′ E;

3

south along the meridian to 20º 6.300′ S, 148º 19.302′ E;

4

south‑westerly along the geodesic to 20º 6.548′ S, 148º 19.103′ E;

5

west along the parallel to 20º 6.548′ S, 148º 18.283′  E;

6

north along the meridian to 20º 6.023′ S, 148º 18.283′  E;

7

generally north‑easterly along the geodesic to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 20° 8.359¢ S (at or about 20° 8.359¢ S, 148° 19.830¢ E) then running progressively:

 

1

north‑west along the geodesic to 20º 8.069′  S, 148º 19.717′ E;

2

north‑east along the geodesic to 20º 7.904′  S, 148º 20.074′  E;

3

south‑east along the geodesic to 20º 8.307′ S, 148º 20.660′ E;

4

southerly along the geodesic to 20º 8.542′ S, 148º 20.678′ E;

5

south‑westerly along the geodesic to the intersection of the mainland coastline and the meridian 148º 20.435′ E (at or about 20º 9.080' S, 148º 20.435′ E);

6

generally north‑westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Cape Gloucester and the meridian 148° 27.198¢ E (at or about 20° 3.603¢ S, 148° 27.198¢ E) then running progressively:

 

1

north‑easterly along the geodesic to 20º 3.391′ S, 148º 27.303′ E;

2

north‑westerly along the geodesic to 20º 3.281′ S, 148º 27.121′ E;

3

south‑westerly along the geodesic to 20º 3.520′ S, 148º 26.095′ E;

4

south along the meridian to 20º 5.482′ S, 148º 26.095′ E;

5

east along the parallel to the intersection of the mainland coastline and the meridian 148º 26.497′ E (at or about 20º 5.482′ S, 148º 26.497′ E);

6

generally north‑easterly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 2: Offshore waters within Repulse Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 49.500¢ E (at or about 20° 29.493¢ S, 148° 49.500¢ E) then running progressively:

 

1

west along the parallel to 20º 29.493′ S, 148º 49.161′ E;

2

south‑westerly along the geodesic to 20º 29.672′ S, 148º 49.021′ E;

3

south‑westerly along the geodesic to 20º 29.837′ S, 148º 49.006′ E;

4

south‑easterly along the geodesic to 20º 29.991′ S, 148º 49.091′ E;

5

south‑easterly along the geodesic to 20º 30.133′ S, 148º 49.239′ E;

6

easterly along the parallel to the intersection of the mainland coastline and the meridian 148º 49.775′ E (at or about 20º 30.133′ S, 148º 49.775′ E);

7

generally north‑westerly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 3: Offshore waters within Ball Bay—Sand Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at McBrides Point and the parallel 20° 53.622¢ S (at or about 20° 53.622¢ S, 148° 59.813¢ E) then running progressively:

 

1

north along the meridian to 20º 53.291′ S, 148º 59.813′ E;

2

south‑easterly along the geodesic to 20º 53.342′ S, 148º 59.967′ E;

3

south‑easterly along the geodesic to 20º 53.630′ S, 149º 0.202′ E;

4

southerly along the geodesic to 20º 53.944′ S, 149º 0.186′ E;

5

south‑westerly along the geodesic to 20º 54.115′ S, 149º 0.089′ E;

6

south‑easterly along the geodesic to 20º 54.495′ S, 149º 0.439′ E;

7

east along the parallel to 20º 54.495′ S, 149º 0.969′ E;

8

north‑easterly along the geodesic to 20º 53.893′ S, 149º 1.191′ E;

9

north‑easterly along the geodesic to 20º 53.825′ S, 149º 1.362′ E;

10

south along the meridian to the intersection of the mainland coastline and the parallel 20º 54.249′ S (at or about 20º 54.249′ S, 149º 1.362′ E);

11

generally north‑westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Cape Hillsborough and the meridian 149° 2.788¢ E (at or about 20° 54.210¢ S, 149° 2.788¢ E) then running progressively:

 

1

north‑westerly along the geodesic to 20º 53.954′ S, 149º 2.541′ E;

2

north‑easterly along the geodesic to 20º 53.924′ S, 149º 2.744′ E;

3

south‑easterly along the geodesic to 20º 54.253′ S, 149º 3.225′ E;

4

southerly along the geodesic to 20º 54.557′ S, 149º 3.215′ E;

5

south‑westerly along the geodesic to 20º 54.816′ S, 149º 2.956′ E;

6

south‑easterly along the geodesic to 20º 55.239′ S, 149º 3.130′ E;

7

north‑easterly along the geodesic to 20º 54.981′ S, 149º 3.486′ E;

8

easterly along the geodesic to 20º 55.039′ S, 149º 3.855′ E;

9

south‑easterly along the geodesic to 20º 55.243′ S, 149º 4.087′ E;

10

south‑westerly along the geodesic to 20º 55.752′ S, 149º 3.963′ E;

11

south‑westerly along the geodesic to 20º 56.011′ S, 149º 3.730′ E;

12

south‑westerly along the geodesic to 20º 56.195′ S, 149º 2.979′ E;

13

north‑westerly along the geodesic to 20º 56.100′ S, 149º 2.470′ E;

14

north‑westerly along the geodesic to 20º 55.908′ S, 149º 2.349′ E;

15

north‑easterly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 20º 55.724′ S (at or about 20º 55.724′ S, 149º 2.576′ E);

16

generally easterly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 4: Offshore waters within Llewellyn Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 149° 19.841¢ E (at or about 21° 24.642¢ S, 149° 19.841¢ E) then running progressively:

 

1

south‑easterly along the geodesic to 21º 24.766′ S, 149º 20.251′ E;

2

south‑easterly along the geodesic to 21º 25.524′ S, 149º 20.539′ E;

3

southerly along the geodesic to 21º 25.894′ S, 149º 20.503′ E;

4

south‑westerly along the geodesic to 21º 26.267′ S, 149º 20.227′ E;

5

north‑westerly along the geodesic to 21º 26.212′ S, 149º 19.872′ E;

6

north‑westerly along the geodesic to 21º 25.759′ S, 149º19.492′ E;

7

north‑easterly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 149º 19.644′ E (at or about 21º 25.520′ S, 149º 19.644′ E);

8

generally south‑easterly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 5: Offshore waters within Port of Gladstone—Rodds Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at East Point and the parallel 23° 51.876¢ S (at or about 23° 51.876¢ S, 151° 23.667¢ E) then running progressively:

 

1

south‑easterly along the geodesic to 23° 52.013¢ S, 151° 23.932¢ E;

2

south‑westerly along the geodesic to 23° 52.210¢ S, 151° 23.770¢ E;

3

south‑westerly along the geodesic to 23° 52.299¢ S, 151° 23.631¢ E;

4

southerly along the geodesic to 23° 52.410¢ S, 151° 23.623¢ E;

5

south‑westerly along the geodesic to the intersection of the mainland coastline at Settlement Point and the meridian 151° 23.317¢ E (at or about 23° 52.526¢ S, 151° 23.317¢ E);

6

generally north–easterly along the mainland coastline at mean low water to the point of commencement.

No netting (other than bait netting)—Table 47.3 area

             (5)  No netting other than bait netting may be carried out in the area described in Table 47.3.

Note 1:       For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3 (g) of the Zoning Plan.

Note 2:       See regulation 13 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.

Note 3:       See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (5).

Table 47.3       No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of 19° 23.282¢ S and 147° 15.684¢ E then running progressively:

 

1

east along the parallel to its intersection with longitude 147º 23.581′ E;

2

south along the meridian to its intersection with latitude 19º 23.985′ S;

3

west along the parallel to its intersection with longitude 147º 15.684′ E;

4

north along the meridian to the point of commencement

Conditions of set mesh net use—Table 47.4 area

             (6)  Subregulation (7) applies to a mesh net that is being used as a set mesh net.

Note:          The definition of mesh net in the Fisheries Regulation includes several examples of ways a mesh net can be used, including using a mesh net as a set mesh net.

             (7)  A set mesh net must not be used in an area described in Table 47.4 in subregulation (9) unless:

                     (a)  the set mesh net is:

                              (i)  weighed down along the full length of the bottom of the net with only continuous lead core rope that has a diameter that is not less than 6 mm but not more than 8 mm; and

                             (ii)  used in accordance with paragraphs 120A (c), (d), (e) and (f) of the Fisheries Regulation; and

                     (b)  under each authority that allows netting in the area—the number of set mesh nets being used in the area is not more than 3; and

                     (c)  each set mesh net is not longer than 120 m; and

                     (d)  the mesh size of each set mesh net is not less than 100 mm but not more than 215 mm; and

                     (e)  if a set mesh net has a mesh size that is not less than 150 mm but not greater than 215 mm—the number of rows of mesh between the top and bottom of the net is not more than 16.

Note:          For the definition of authority that applies to regulation 47, see paragraph (a) of the definition of that term in subregulation 3(1).

Note:          See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (7).

Conditions of mesh net use—Table 47.4 area

             (8)  Paragraphs (9)(a), (b), (c), (d) and (e) do not apply to a set mesh net used in accordance with subregulation (7).

Note:          The definition of mesh net in the Fisheries Regulation includes several examples of ways a mesh net can be used, including using a mesh net as a set mesh net.

             (9)  A mesh net must not be used in an area described in Table 47.4 unless the mesh net:

                     (a)  is fixed or hauled; and

                     (b)  is not longer than 120 m; and

                     (c)  has a mesh size that is not less than 50 mm but not more than 115 mm; and

                     (d)  is weighed down along the full length of the bottom of the net with only continuous lead core rope that has a diameter that is not less than 6 mm but not more than 8 mm; and

                     (e)  is used in accordance with subregulation 472(7) of the Fisheries Regulation.

Note:          See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes subregulation (9).

Table 47.4       Restricted netting area within Bowling Green Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of 19° 23.985¢ S and 147° 15.684¢ E then running progressively:

 

1

east along the parallel to its intersection with longitude 147º 23.581′ E;

2

south along the meridian to its intersection with the mainland coastline at mean low water (at or about 19º 25.119′ S, 147º 23.581′ E

3

along the mainland coastline at mean low water to its intersection with the meridian 147º 15.684′ E (at or about 19º 25.673′ S, 147º 15.684′ E

4

north along the meridian to the point of commencement

48  Seasonal Closure (Offshore Ribbon Reefs) SMAs—declaration

             (1)  The area described in each of Parts 1 to 3 of Table 48 is declared to be a Seasonal Closure (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.

             (2)  Each location mentioned in Part 4 of Table 48 is declared to be a Seasonal Closure (Offshore Ribbon Reefs) SMA having as its name the name of the Location followed by the words ‘Seasonal Closure (Offshore Ribbon Reefs) SMA’.

Table 48          Seasonal Closure (Offshore Ribbon Reefs) SMAs

Table 48 Part 1   Day Reef (14‑089) Seasonal Closure (Offshore Ribbon Reefs) SMA

                   The area bounded by a notional line commencing at 14° 26.393′ S, 145° 32.329′  E then running progressively:

 

1

south‑easterly along the geodesic to 14° 29.879′ S, 145° 35.407′ E;

2

south‑westerly along the geodesic to 14° 31.641′ S, 145° 33.543′ E;

3

westerly along the geodesic to 14° 31.458′ S, 145° 32.208′ E;

4

north‑westerly along the geodesic to 14° 31.379′ S, 145° 32.060′ E;

5

easterly along the geodesic to 14° 31.297′ S, 145° 33.491′ E;

6

north‑easterly along the geodesic to 14° 30.952′ S, 145° 33.960′ E;

7

northerly along the geodesic to 14° 30.363′ S, 145° 33.897′ E;

8

north‑westerly along the geodesic to 14° 28.210′ S, 145° 32.101′ E;

9

westerly along the geodesic to 14° 28.173′ S, 145° 31.252′ E;

10

south‑westerly along the geodesic to 14° 28.386′ S, 145° 30.877′ E;

11

northerly along the geodesic to 14° 27.761′ S, 145° 31.128′ E;

12

north‑easterly along the geodesic to the point of commencement

Table 48 Part 2   Ribbon No. 10 Reef (14‑146) Seasonal Closure (Offshore Ribbon Reefs) SMA

                   The area bounded by a notional line commencing at 14° 39.402′ S, 145° 39.529′ E then running progressively:

 

1

easterly along the geodesic to 14° 39.405′ S, 145° 41.808′ E;

2

south‑easterly along the geodesic to 14° 41.983′ S, 145° 43.512′ E;

3

southerly along the geodesic to 14° 44.737′ S, 145° 44.329′ E;

4

southerly along the geodesic to 14° 51.997′ S, 145° 45.742′ E;

5

southerly along the geodesic to 14° 55.703′ S, 145° 44.649′ E;

6

west along the parallel to its intersection with longitude 145° 42.438′ E;

7

easterly along the geodesic to 14° 55.549′ S, 145° 42.861′ E;

8

north‑easterly along the geodesic to 14° 55.224′ S, 145° 43.256′ E;

9

north‑easterly along the geodesic to 14° 54.309′ S, 145° 43.677′ E;

10

northerly along the geodesic to 14° 53.183′ S, 145° 44.030′ E;

11

northerly along the geodesic to 14° 52.154′ S, 145° 44.157′ E;

12

northerly along the geodesic to 14° 50.703′ S, 145° 44.058′ E;

13

northerly along the geodesic to 14° 49.184′ S, 145° 43.692′ E;

14

northerly along the geodesic to 14° 46.774′ S, 145° 43.284′ E;

15

northerly along the geodesic to 14° 45.888′ S, 145° 43.044′ E;

16

northerly along the geodesic to 14° 44.983′ S, 145° 42.903′ E;

17

north‑westerly along the geodesic to 14° 44.518′ S, 145° 42.558′ E;

18

northerly along the geodesic to 14° 44.211′ S, 145° 42.453′ E;

19

northerly along the geodesic to 14° 42.576′ S, 145° 42.216′ E;

20

north‑westerly along the geodesic to 14° 42.156′ S, 145° 41.946′ E;

21

north‑westerly along the geodesic to 14° 42.000′ S, 145° 41.635′ E;

22

north‑westerly along the geodesic to 14° 41.556′ S, 145° 41.124′ E;

23

northerly along the geodesic to 14° 40.843′ S, 145° 40.909′ E;

24

westerly along the geodesic to 14° 40.719′ S, 145° 40.566′ E;

25

north‑westerly along the geodesic to 14° 40.422′ S, 145° 40.355′ E;

26

northerly along the geodesic to 14° 39.806′ S, 145° 40.156′ E;

27

north‑westerly along the geodesic to 14° 39.601′ S, 145° 39.978′ E;

28

north‑westerly along the geodesic to the point of commencement

Table 48 Part 3   Ribbon No. 7 Reef (15‑026), Ribbon No. 6 Reef (15‑032), Unnamed Reef (15‑034) Seasonal Closure (Offshore Ribbon Reefs) SMA

                   The area bounded by a notional line commencing at 15° 19.836′ S, 145° 47.063′ E, then running progressively:

 

1

westerly along the geodesic to 15° 20.448′ S, 145° 44.976′ E;

2

north‑easterly along the geodesic to 15° 20.074′ S, 145° 45.329′ E;

3

north‑easterly along the geodesic to 15° 19.268′ S, 145° 45.951′ E;

4

easterly along the geodesic to 15° 19.236′ S, 145° 46.147′ E;

5

north‑easterly along the geodesic to 15° 19.106′ S, 145° 46.344′ E;

6

northerly along the geodesic to 15° 18.858′ S, 145° 46.425′ E;

7

north‑westerly along the geodesic to 15° 18.225′ S, 145° 46.114′ E;

8

north‑westerly along the geodesic to 15° 18.096′ S, 145° 45.872′ E;

9

west along the parallel to its intersection with longitude 145° 45.449′ E;

10

north‑easterly along the geodesic to 15° 17.716′ S, 145° 45.736′ E;

11

northerly along the geodesic to 15° 17.574′ S, 145° 45.768′ E;

12

northerly along the geodesic to 15° 16.821′ S, 145° 45.575′ E;

13

northerly along the geodesic to 15° 16.427′ S, 145° 45.585′ E;

14

northerly along the geodesic to 15° 15.720′ S, 145° 45.359′ E;

15

northerly along the geodesic to 15° 15.581′ S, 145° 45.348′ E;

16

north‑westerly along the geodesic to 15° 15.444′ S, 145° 45.135′ E;

17

westerly along the geodesic to 15° 15.390′ S, 145° 44.871′ E;

18

north‑westerly along the geodesic to 15° 15.120′ S, 145° 44.721′ E;

19

north along the meridian to its intersection with latitude 15° 14.119′ S;

20

north‑easterly along the geodesic to 15° 13.817′ S, 145° 45.078′ E;

21

northerly along the geodesic to 15° 13.509′ S, 145° 45.114′ E;

22

north‑westerly along the geodesic to 15° 13.346′ S, 145° 45.002′ E;

23

northerly along the geodesic to 15° 12.864′ S, 145° 44.952′ E;

24

north‑easterly along the geodesic to 15° 12.551′ S, 145° 45.221′ E;

25

northerly along the geodesic to 15° 12.146′ S, 145° 45.234′ E;

26

north‑westerly along the geodesic to 15° 11.859′ S, 145° 44.645′ E;

27

north‑westerly along the geodesic to 15° 11.402′ S, 145° 44.417′ E;

28

easterly along the geodesic to 15° 11.400′ S, 145° 45.000′ E;

29

east along the parallel to its intersection with longitude 145° 47.063′ E;

30

south along the meridian to the point of commencement

Table 48 Part 4   Areas described by reference to the Zoning Plan

                   The areas described in Part 4 of Schedule 1 to the Zoning Plan as follows:

 

Item

Location

Zone No

1

Ribbon Reef No. 5 Patches (15‑042) and inter‑reefal areas

B‑15‑3007

2

Ribbon Reef No. 2 and 3 inter‑reefal areas

B‑15‑3008

49  Seasonal Closure (Offshore Ribbon Reefs) SMAs—special management provisions

             (1)  A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling during the months of January to August (inclusive) in a year.

             (2)  A tender commercial fishing vessel must be physically attached to its primary commercial fishing vessel at all times during the months referred to in subregulation (1).

50  No Dories Detached (Offshore Ribbon Reefs) SMAs—declaration

                   The area described in each Part of Table 50 is declared to be a No Dories Detached (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.

Table 50          No Dories Detached (Offshore Ribbon Reefs) SMAs

Table 50 Part 1   Yonge Reef (14‑138) and No Name Reef (14‑139) No Dories Detached (Offshore Ribbon Reefs) SMA

                   The area bounded by a notional line commencing at 14° 33.073′ S, 145° 38.224′ E then running progressively:

 

1

south‑easterly along the geodesic to 14° 39.402′ S, 145° 41.809′ E;

2

west along the parallel to its intersection with longitude 145° 39.530′ E;

3

south‑westerly along the geodesic to 14° 39.905′ S, 145° 38.514′ E;

4

south‑easterly along the geodesic to 14° 39.943′ S, 145° 38.534′ E;

5

south‑easterly along the geodesic to 14° 40.021′ S, 145° 38.684′ E;

6

south‑easterly along the geodesic to 14° 40.176′ S, 145° 38.879′ E;

7

easterly along the geodesic to 14° 40.188′ S, 145° 39.098′ E;

8

south‑westerly along the geodesic to 14° 40.993′ S, 145° 38.508′ E;

9

north‑westerly along the geodesic to 14° 37.571′ S, 145° 36.771′ E;

10

northerly along the geodesic to 14° 37.046′ S, 145° 36.595′ E;

11

northerly along the geodesic to 14° 35.982′ S, 145° 36.240′ E;

12

northerly along the geodesic to 14° 34.989′ S, 145° 35.910′ E;

13

north‑westerly along the geodesic to 14° 34.910′ S, 145° 35.848′ E;

14

north‑easterly along the geodesic to the point of commencement

Table 50 Part 2   No. 10 Patches (No. 3) (14‑153a) and No. 10 Patches (No. 4) (14‑153b) No Dories Detached (Offshore Ribbon Reefs) SMA

                   The area bounded by a notional line commencing at 14° 57.135′ S, 145° 43.767′ E then running progressively:

 

1

west along the parallel to its intersection with longitude 145° 42.136′ E;

2

south‑westerly along the geodesic to 14° 58.323′ S, 145° 41.493′ E;

3

west along the parallel to its intersection with longitude 145° 40.127′ E;

4

north along the meridian to its intersection with latitude 14° 55.985′ S;

5

east along the parallel to its intersection with longitude 145° 40.353′ E;

6

south along the meridian to its intersection with latitude 14° 56.062′ S;

7

south‑easterly along the geodesic to 14° 56.203′ S, 145° 40.479′ E;

8

easterly along the geodesic to 14° 56.250′ S, 145° 40.646′ E;

9

easterly along the geodesic to 14° 56.264′ S, 145° 40.830′ E;

10

easterly along the geodesic to 14° 56.172′ S, 145° 41.235′ E;

11

north‑easterly along the geodesic to 14° 56.097′ S, 145° 41.412′ E;

12

north‑easterly along the geodesic to 14° 55.978′ S, 145° 41.511′ E;

13

easterly along the geodesic to 14° 55.977′ S, 145° 41.793′ E;

14

north‑easterly along the geodesic to 14° 55.703′ S, 145° 41.988′ E;

15

east along the parallel to its intersection with longitude 145° 42.438′ E;

16

east along the parallel to its intersection with longitude 145° 44.650′ E;

17

south‑westerly along the geodesic to the point of commencement

51  No Dories Detached (Offshore Ribbon Reefs) SMAs—special management provision

                   A tender commercial fishing vessel must be physically attached to its primary commercial fishing vessel at all times.

52  Restricted Access SMAs—declaration

             (1)  The area described in each of Parts 1 to 3 of Table 52 is declared to be a Restricted Access SMA having the name set out in the Part heading.

             (2)  Each location mentioned in Part 4 of Table 52 is declared to be a Restricted Access SMA having as its name the name of the Location followed by the words ‘Restricted Access SMA’.

Table 52          Restricted Access SMAs

Table 52 Part 1   MacLennan Cay Reef (11‑070) Restricted Access SMA

                   The area bounded by a notional line commencing at 11° 18.820′ S, 143° 48.282′ E then running progressively:

 

1

east along the parallel to its intersection with the meridian 143° 49.041′ E;

2

south along the meridian to its intersection with the parallel 11° 19.684′ S;

3

west along the parallel to its intersection with the meridian 143° 48.282′ E;

4

north along the meridian to the point of commencement

Table 52 Part 2   Moulter Cay Reef (11‑130) Restricted Access SMA

                   The area bounded by a notional line commencing at 11° 23.800′ S, 144° 01.157′ E then running progressively:

 

1

south‑easterly along the geodesic to 11° 24.556′ S, 144° 01.847′ E;

2

south‑westerly along the geodesic to 11° 25.045′ S, 144° 01.340′ E;

3

north‑westerly along the geodesic to 11° 24.230′ S, 144° 00.629′ E;

4

north‑easterly along the geodesic to the point of commencement

Table 52 Part 3   Raine Island Reef (11‑243) Restricted Access SMA

                   The area bounded by a notional line commencing at 11° 34.879′ S, 144° 02.080′ E then running progressively:

 

1

south‑easterly along the geodesic to 11° 35.518′ S, 144° 02.908′ E;

2

south‑westerly along the geodesic to 11° 36.074′ S, 144° 02.411′ E;

3

north‑westerly along the geodesic to 11° 35.452′ S, 144° 01.610′ E;

4

north‑easterly along the geodesic to the point of commencement

Table 52 Part 4   Areas described by reference to the Zoning Plan

                   The areas described in Part 5 of Schedule 1 to the Zoning Plan as follows:

 

Item

Location

Zone No

1

Australian Institute of Marine Science

SR‑19‑2008

2

One Tree Island Reef (23‑055)

SR‑23‑2010

53  Restricted Access SMAs—special management provision

                   Subject to Part 5 (Additional purposes for use or entry) of the Zoning Plan and regulations 54 to 56, and despite Part 2 of the Zoning Plan, a Restricted Access SMA must not be used or entered without the written permission of the Authority.

54  Raine Island Reef, Moulter Cay Reef and MacLennan Cay Reef Restricted Access SMAs—exceptions to special management provision

                   The Raine Island Reef (11‑243) Restricted Access SMA, the Moulter Cay Reef (11‑030) Restricted Access SMA, or the MacLennan Cay Reef (11‑070) Restricted Access SMA may be entered to navigate a vessel (except a ship, or a managed vessel or aircraft) for access to areas that form part of Queensland:

                     (a)  if any equipment normally used for fishing or collecting is stowed or secured; and

                     (b)  access is in accordance with all relevant laws of Queensland as in force from time to time.

55  Australian Institute of Marine Science Restricted Access SMA—exceptions to special management provision

                   The Australian Institute of Marine Science, or a person acting with its approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station, being an activity:

                     (a)  for which permission would not, but for regulation 53, be required under Part 2 of the Zoning Plan; or

                     (b)  for which the Institute already holds the written permission of the Authority.

56  One Tree Island Reef Restricted Access SMA—exceptions to special management provision

                   The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23‑055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station, being an activity:

                     (a)  for which permission would not, but for regulation 53, be required under Part 2 of the Zoning Plan; or

                     (b)  for which the University already holds the written permission of the Authority.

57  Public Appreciation SMAs—declaration

             (1)  The area described in each of Parts 1 to 8A of Table 57 is declared to be a Public Appreciation SMA having the name set out in the Part heading.

             (2)  Each location mentioned in Part 9 of Table 57 is declared to be a Public Appreciation SMA having as its name the name of the Location followed by the words ‘Public Appreciation SMA’.

Table 57          Public Appreciation SMAs

Table 57 Part 1   Fitzroy Island Reef (CP‑16‑4039) Public Appreciation SMA

                   The area bounded by a notional line commencing at 16° 54.601′ S, 145° 59.760′ E then running progressively:

 

1

east along the parallel to its intersection with the meridian 146° 00.443′ E;

2

southerly along the geodesic to the intersection of the island coastline at mean low water and longitude 146° 00.444′ E (at or about 16° 55.291′ S, 146° 00.444′ E);

3

along the island coastline at mean low water to its intersection with the parallel 16° 55.398′ S (at or about 16° 55.398′ S, 146° 00.390′ E);

4

south‑westerly along the geodesic to the intersection of the island coastline at mean low water and the parallel 16° 55.455′ S (at or about 16° 55.455′ S, 146° 00.352′ E);

5

along the island coastline at mean low water to its intersection with the meridian 145° 59.309′ E (at or about 16° 56.629′ S, 145° 59.309′ E);

6

south‑westerly along the geodesic to 16° 57.000′ S, 145° 59.124′ E;

7

northerly along the geodesic to 16° 55.740′ S, 145° 58.620′ E;

8

north‑easterly along the geodesic to the point of commencement

Table 57 Part 2   Dunk Island Reef (CP‑17‑4045) Public Appreciation SMA

                   The area bounded by a notional line commencing at 17° 55.323′ S, 146° 08.697′ E then running progressively:

 

1

easterly along the geodesic to 17° 55.444′ S, 146° 09.338′ E;

2

south‑easterly along the geodesic to 17° 56.887′ S, 146° 10.904′ E;

3

southerly along the geodesic to 17° 58.236′ S, 146° 11.037′ E;

4

south‑westerly along the geodesic to 17° 58.509′ S, 146° 10.732′ E;

5

north‑westerly along the geodesic to 17° 58.285′ S, 146° 10.236′ E;

6

north‑westerly along the geodesic to 17° 57.530′ S, 146° 09.033′ E;

7

north‑westerly along the geodesic to 17° 56.175′ S, 146° 07.767′ E;

8

north‑easterly along the geodesic to the point of commencement

Table 57 Part 3   Bedarra Island Reef (CP‑17‑4045) Public Appreciation SMA

                   The area bounded by a notional line commencing at 17° 59.567′ S, 146° 08.798′ E then running progressively:

 

1

east along the parallel to its intersection with longitude 146° 09.339′ E;

2

southerly along the geodesic to 18° 00.221′ S, 146° 09.606′ E;

3

southerly along the geodesic to 18° 00.856′ S, 146° 09.598′ E;

4

westerly along the geodesic to 18° 00.848′ S, 146° 08.925′ E;

5

north‑westerly along the geodesic to 18° 00.613′ S, 146° 08.484′ E;

6

north‑westerly along the geodesic to 18° 00.334′ S, 146° 08.221′ E;

7

northerly along the geodesic to 17° 59.916′ S, 146° 08.310′ E;

8

north‑easterly along the geodesic to the point of commencement

Table 57 Part 4   Whitsundays Public Appreciation SMA

                   The area bounded by a notional line commencing at 20° 02.086′ S, 148° 52.803′ E then running progressively:

 

1

easterly along the geodesic to 20° 02.088′ S, 148° 54.194′ E;

2

easterly along the geodesic to 20° 04.327′ S, 149° 03.672′ E;

3

southerly along the geodesic to 20° 14.281′ S, 149° 03.666′ E;

4

easterly along the geodesic to 20° 14.283′ S, 149° 07.992′ E;

5

southerly along the geodesic to 20° 17.511′ S, 149° 08.004′ E;

6

south‑westerly along the geodesic to 20° 23.280′ S, 149° 02.281′ E;

7

southerly along the geodesic to the intersection of the island coastline at mean low water and the parallel 20° 25.854′ S (at or about 20° 25.854′ S, 149° 02.339′ E);

8

along the island coastline at mean low water to its intersection with the parallel 20° 26.268′ S (at or about 20° 26.268′ S, 149° 03.311′ E);

9

easterly along the geodesic to 20° 26.267′ S, 149° 04.232′ E;

10

south along the meridian to its intersection with latitude 20° 27.668′ S;

11

south‑westerly along the geodesic to 20° 29.633′ S, 149° 00.095′ E;

12

westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 20° 28.714′ S (at or about 20° 28.714′ S, 148° 54.696′ E);

13

along the mainland coastline at mean low water to its intersection with the parallel 20° 14.139′ S (at or about 20° 14.139′ S, 148° 46.134′ E);

14

north‑westerly along the geodesic to 20° 07.140′ S, 148° 42.124′ E;

15

northerly along the geodesic to 20° 06.361′ S, 148° 42.120′ E;

16

north‑easterly along the geodesic to 20° 05.760′ S, 148° 42.904′ E;

17

east along the parallel to its intersection with longitude 148° 43.743′ E;

18

easterly along the geodesic to the point of commencement

Table 57 Part 5   Brampton Island—West (CP‑20‑4091) Public Appreciation SMA

                   The area bounded by a notional line commencing at 20° 47.388′ S, 149° 15.681′ E then running progressively:

 

1

east along the parallel to its intersection with longitude 149° 16.179′ E;

2

south along the meridian to its intersection with the island coastline at mean low water (at or about 20° 48.025′ S, 149° 16.179′ E);

3

along the island coastline at mean low water to its intersection with the meridian 149° 15.681′ E (at or about 20° 48.052′ S, 149° 15.681′ E);

4

north along the meridian to the point of commencement

Table 57 Part 6   Brampton Island—East (CP‑20‑4091) Public Appreciation SMA

                   The area bounded by a notional line commencing at the intersection of the island coastline at mean low water and the meridian 149° 18.007′ E (at or about 20° 48.284′ S, 149° 18.007′ E) then running progressively:

 

1

south‑westerly along the geodesic to the intersection of the island coastline at mean low water and the parallel 20° 48.872′ S (at or about 20° 48.872′ S, 149° 17.520′ E);

2

along the island coastline at mean low water to its intersection with the parallel 20° 48.390′ S (at or about 20° 48.390′ S, 149° 17.058′ E);

3

north‑easterly along the geodesic to the intersection of the island coastline at mean low water and the meridian 149° 17.267′ E (at or about 20° 48.180′ S, 149° 17.267′ E);

4

along the island coastline at mean low water to the point of commencement

Table 57 Part 7   Heron Reef (CP‑23‑4104) Public Appreciation SMA

                   The area bounded by a notional line commencing at 23° 25.062′ S, 151° 57.184′ E then running progressively:

 

1

east along the parallel to its intersection with longitude 152° 00.745′ E;

2

south along the meridian to its intersection with latitude 23° 28.678′ S;

3

west along the parallel to its intersection with longitude 151° 57.184′ E;

4

north along the meridian to the point of commencement

Table 57 Part 8   Wistari Reef (CP‑23‑4106) Public Appreciation SMA

                   The area bounded by a notional line commencing at 23° 25.800′ S, 151° 53.100′ E then running progressively:

 

1

south along the meridian to its intersection with latitude 23° 30.000′ S;

2

west along the parallel to its intersection with longitude 151° 49.287′ E;

3

north along the meridian to its intersection with latitude 23° 27.345′ S;

4

easterly along the geodesic to the point of commencement

Table 57 Part 8A   Cape Upstart (CP‑19‑4064) Public Appreciation SMA

                   The area bounded by a line commencing at 19° 42.403′ S, 147° 44.344′ E then running progressively:

 

1

east along the parallel to its intersection with the mainland coastline at mean low water (at or about 19° 42.403′ S, 147° 45.155′ E);

2

along the mainland coastline at mean low water to its intersection with the parallel 19° 49.578′ S (at or about 19° 49.578′ S, 147° 46.321′ E);

3

west along the parallel to its intersection with longitude 147° 44.344′ E;

4

north along the meridian to its intersection with latitude 19° 45.099′ S;

5

north along the meridian to the point of commencement.

Table 57 Part 9   Areas described by reference to the Zoning Plan

                   The areas described in Part 3 of Schedule 1 to the Zoning Plan as follows:

 

Item

Location

Zone No

1

Yonge Reef (14‑138)—lee side

CP‑14‑4017

2

Lizard Island Reef (14‑116b): Mermaid Bay to Pigeon Point

CP‑14‑4018

3

North Opal Reef (16‑025)

CP‑16‑4029

4

Flynn Reef (16‑065)

CP‑16‑4035

5

Thetford Reef (16‑068)

CP‑16‑4036

6

Orpheus Island Reef south‑west (18‑049b)

CP‑18‑4053

7

Davies Reef (18‑096)

CP‑18‑4056

9

North Keppel Island—Considine Bay

CP‑23‑4101

10

Great Keppel Island—western side

CP‑23‑4102

58  Public Appreciation SMAs (other than Whitsundays Public Appreciation SMA)—special management provisions

             (1)  Subject to Part 5 (Additional purposes for use or entry) of the Zoning Plan, a Public Appreciation SMA (other than the Whitsundays Public Appreciation SMA) must not be used or entered for any of the following purposes:

                     (a)  limited spearfishing;

                     (b)  the conduct of a harvest fishery;

                     (c)  subject to subregulation (2), aquaculture operations.

             (2)  Paragraph (1)(c) does not apply to the Fitzroy Island Reef (CP‑16‑4039) Public Appreciation SMA.

59  Whitsundays Public Appreciation SMA—special management provisions

                   Subject to Part 5 (Additional purposes for use or entry) of the Zoning Plan, a part of the Whitsundays Public Appreciation SMA that is in the Conservation Park Zone must not be used or entered for any of the following purposes:

                     (a)  limited spearfishing;

                     (b)  the conduct of a harvest fishery;

                     (c)  aquaculture operations.

60  No Dories Detached (Marine National Park Zone) SMAs—declaration

                   Each location mentioned or referred to in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is declared to be a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the Location followed by the words ‘No Dories Detached (Marine National Park Zone) SMA’.

61  No Dories Detached (Marine National Park Zone) SMAs—special management provisions

             (1)  Subject to the exceptions in subregulation (2), a dory must be physically attached to its primary commercial fishing vessel at all times.

             (2)  The exceptions are the following:

                     (a)  that the relevant dory was engaged in the rescue or attempted rescue of an endangered person;

                     (b)  that the relevant dory was providing assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure;

                     (c)  that the relevant dory was conveying a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land, and throughout the journey the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);

                     (d)  that at the relevant time the relevant dory was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island) and stayed within 500 metres of a fishing industry service vessel for which a permission is in force.

62  One Dory Detached (Conservation Park Zone) SMAs—declaration

                   Each location mentioned or referred to in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is declared to be a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the Location followed by the words ‘One Dory Detached (Conservation Park Zone) SMA’.

63  One Dory Detached (Conservation Park Zone) SMAs—special management provision

                   No more than 1 dory is to be detached from its primary commercial fishing vessel at any time.

64  One Dory Detached (Buffer Zone) SMAs—declaration

                   Each location mentioned or referred to in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan (except for the areas described in Parts 1 and 2 of Table 50—that is, areas that are No Dories Detached (Offshore Ribbon Reefs) SMAs) is declared to be a One Dory Detached (Buffer Zone) SMA having as its name the name of the Location followed by the words ‘One Dory Detached (Buffer Zone) SMA’.

65  One Dory Detached (Buffer Zone) SMA—special management provisions

             (1)  Subject to subregulation (2), no more than 1 dory is to be detached from its primary commercial fishing vessel at any time.

             (2)  Subregulation (1) applies to the areas described in Parts 1 to 4 of Table 48 (Seasonal Closure (Offshore Ribbon Reefs) SMA) only during September, October, November and December in a year.

65A  Natural Resources Conservation SMA—declaration

                   The area described in Table 65A is declared to be the Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA.

Table 65A

Natural Resources Conservation (Mermaid Cove, Lizard Island) SMA

                   The area bounded by a notional line commencing at the intersection of the Lizard Island coastline at mean low water and the meridian 145° 27.060′ E (at or about 14° 38.813′ S, 145° 27.060′ E) then running progressively:

 

1

north along the meridian to the intersection of the geodesic 14° 38.375′ S (at or about 14° 38.375′ S, 145° 27.060′ E);

2

easterly along the geodesic to the intersection of the meridian 145°27.272′ E (at or about 14° 38.375′ S, 145° 27.272′ E);

3

south along the meridian to the intersection of the Lizard Island coastline at mean low water (at or about 14° 38.770′ S, 145°27.272′ E);

4

westerly along the Lizard Island coastline at mean low water to the point of commencement.

65B  Natural Resources Conservation SMA—special management provision

             (1)  Subject to subregulation (2), a person must not fish or collect within the area described in Table 65A.

             (2)  Subregulation (1) does not apply to:

                     (a)  a person trolling or bait netting for pelagic species; or

                     (b)  limited impact research (extractive); or

                     (c)  research that is conducted in accordance with a permission.

67  Emergency Special Management Areas

             (1)  For subsection 4.2.1(2) of the Zoning Plan, the circumstances in which the Authority may designate an Emergency Special Management Area are that the designation is required for 1 or more of the following purposes:

                     (a)  conservation of 1 or more species;

                     (b)  conservation of natural resources;

                     (c)  protection of cultural or heritage values;

                     (d)  public safety;

                     (e)  emergency situations requiring immediate management action.

             (2)  The designation may be of a part or parts of a zone, or of more than 1 zone.

             (3)  The designation:

                     (a)  must specify the area to be designated; and

                     (b)  must state the special management provisions that will apply to the area; and

                     (c)  must state the period during which those provisions will apply to the area.

             (4)  The Authority must, as soon as practicable, publish a notice of the designation in 1 or more of the following ways:

                     (a)  in a newspaper that circulates generally in Queensland;

                     (b)  in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;

                     (c)  on the Authority’s website.

             (5)  A notice referred to in subregulation (4) must also state that it is an offence to fail to comply with the special management provisions that apply to the area.

             (6)  The designation takes effect from the date it is registered on the Federal Register of Legislative Instruments, or a later date specified in it.

Note:          A designation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. All legislative instruments are registered on the Federal Register of Legislative Instruments kept under that Act. See www.frli.gov.au.

             (7)  The designation ceases to have effect 120 days after it commences unless extended in accordance with subregulation 68(2).

68  Extension and revocation of designation

             (1)  The Authority may at any time, by notice published in the Gazette, revoke a designation under regulation 67.

             (2)  Before the designation expires, the Authority may, by notice in the Gazette, extend the designation for a further period mentioned in the notice, being a period of not more than 60 days.

69  Entry to zones for purpose of taking certain protected species

                   For paragraph 5.3(c) of the Zoning Plan:

                     (a)  the following purpose is prescribed, that is, the taking of an animal of the species Solegnathus hardwickii or S. dunckeri; and

                     (b)  the following limitation is prescribed, that is, that the taking must be in accordance with Queensland fisheries legislation.

Note:          The 2 species mentioned are pipefish, of the family Syngnathidae. All species of that family are otherwise protected—see regulation 29.

72  Contravening directions

             (1)  If a person notifies the Authority in accordance with section 38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone), the Authority may give to the person a direction in respect of the person’s conduct in the zone (including the person’s use of, or entry to, the zone).

             (2)  The direction may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park, but must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.

             (3)  A direction given under subregulation (1) is declared to be a direction to which section 38DC of the Act applies.

73  Commercial activities on Low Island

             (1)  A person must not carry on a business on Low Island except a business that involves:

                     (a)  selling materials or services of an educational nature that relate to the Marine Park; or

                     (b)  providing guided tours of the island.

Penalty:  50 penalty units.

             (2)  An offence against this regulation is an offence of strict liability.

Division 2.2AFishing and related offences

73A  Definitions for Division

                   In this Division:

Buffer Zone means the zone described in the Zoning Plan as the Buffer Zone.

Conservation Park Zone means the zone described in the Zoning Plan as the Conservation Park Zone.

Marine National Park Zone means the zone described in the Zoning Plan as the Marine National Park Zone.

73B  Conservation Park Zone—fishing offence

             (1)  A person commits an offence if:

                     (a)  the person fishes in the Conservation Park Zone; and

                     (b)  the person uses more than:

                              (i)  1 hand‑held rod or handline; and

                             (ii)  1 hook attached to that line; and

                     (c)  the person does not hold a permission authorising the fishing.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.

             (3)  In this regulation:

fish has the same meaning as fishing or collecting has in the Zoning Plan.

hook has the same meaning as it has in the Zoning Plan.

Note:          For the definition of hook for the Zoning Plan, see regulation 17.

73BA  Marine National Park Zone—fishing offence

             (1)  A person commits an offence if:

                     (a)  the person fishes in the Marine National Park Zone; and

                     (b)  the fishing is not for a purpose set out in section 2.7.3 of the Zoning Plan; and

                     (c)  the person does not hold a permission authorising the fishing.

Penalty:  50 penalty units.

Note:          Section 2.7.3 of the Zoning Plan allows the Marine National Park Zone to be used, without the written permission of the Authority, for particular purposes, including activities otherwise permitted by the section or in accordance with an accredited traditional use of marine resources agreement and any requirements relating to the operation of that agreement prescribed in the Regulations.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  In this regulation:

fish has the same meaning as fishing or collecting has in the Zoning Plan.

73C  Dories in non‑fishing areas

             (1)  The master of a primary commercial fishing vessel in association with which a dory is licensed or used commits an offence if the master does not have the dory under tow by, or otherwise attached to, the primary vessel when the dory is in a non‑fishing area of the Marine Park.

Penalty:  50 penalty units.

             (2)  A person who holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish commits an offence if a dory that is licensed or used in association with the primary vessel is not under tow by, or otherwise attached to, the primary vessel when the dory is in a non‑fishing area of the Marine Park.

Penalty:  50 penalty units.

             (3)  A person commits an offence if:

                     (a)  the person is in, or on, a dory that is in a non‑fishing area of the Marine Park; and

                     (b)  the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel in association with which the dory is licensed or used.

Penalty:  50 penalty units.

             (4)  An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note:          For defences to a prosecution under subregulation (1), (2) or (3), see regulation 73D.

             (5)  In this regulation:

non‑fishing area of the Marine Park means:

                     (a)  a zone described in the Zoning Plan as:

                              (i)  the Marine National Park Zone; or

                             (ii)  the Scientific Research Zone; or

                            (iii)  the Preservation Zone; or

                     (b)  any other area of the Marine Park where the taking of fish is not permitted.

take, in relation to fish, includes:

                     (a)  catch, capture, gather or obtain fish by any means; or

                     (b)  engage in conduct, or an operation, that results in the death of fish.

73D  Defences to prosecutions under regulation 73C

             (1)  It is a defence to a prosecution under subregulation 73C(1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park, the dory:

                     (a)  was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island); and

                     (b)  stayed within 500 metres of a fishing industry service vessel for which a permission is in force.

             (2)  Also, it is a defence to a prosecution under subregulation 73C(1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:

                     (a)  the dory was engaged in:

                              (i)  the rescue, or attempted rescue, of an endangered person; or

                             (ii)  the provision of assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure; and

                     (b)  any equipment on the dory normally used for fishing or collecting was stowed or secured.

             (3)  In addition, it is a defence to a prosecution under subregulation 73C(1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:

                     (a)  the dory was engaged in the conveyance of a person on a direct journey from land to the primary vessel, or from the primary vessel to land; and

                     (b)  at all times during the period of the conveyance, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs); and

                     (c)  any equipment on the dory normally used for fishing or collecting was stowed or secured.

Note:          A defendant bears an evidential burden in relation to a matter mentioned in subregulation (1), (2) or (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  In this regulation:

non‑fishing area of the Marine Park has the same meaning as in regulation 73C.

73E  Dories in Buffer Zone—offence by master of vessel

             (1)  The master of a primary commercial fishing vessel commits an offence if:

                     (a)  2 or more dories are licensed, or used, in association with the primary vessel; and

                     (b)  at a particular time:

                              (i)  2 or more of those dories are in the Buffer Zone; and

                             (ii)  more than 1 of those dories is detached from the primary vessel.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

73F  Dories in Buffer Zone—offence by licence holder of vessel

             (1)  A person who holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish commits an offence if:

                     (a)  2 or more dories are licensed, or used, in association with the primary vessel; and

                     (b)  at a particular time:

                              (i)  2 or more of those dories are in the Buffer Zone; and

                             (ii)  more than 1 of those dories is detached from the primary vessel.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

73G  Dories in Buffer Zone—offence by person on a dory

                   A person commits an offence if:

                     (a)  2 or more dories are licensed, or used, in association with a primary commercial fishing vessel; and

                     (b)  at a particular time:

                              (i)  2 or more of those dories are in the Buffer Zone; and

                             (ii)  more than 1 of those dories is detached from the primary vessel; and

                            (iii)  the person is in, or on, 1 of the dories that is detached from the primary vessel; and

                            (iv)  the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this regulation.

Penalty:  50 penalty units.

73H  Dories in Conservation Park Zone—offence by master of vessel

             (1)  The master of a primary commercial fishing vessel commits an offence if:

                     (a)  2 or more dories are licensed, or used, in association with the primary vessel; and

                     (b)  at a particular time:

                              (i)  2 or more of those dories are in the Conservation Park Zone; and

                             (ii)  more than 1 of those dories is detached from the primary vessel.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

73I  Dories in Conservation Park Zone—offence by licence holder of vessel

             (1)  A person who holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish commits an offence if:

                     (a)  2 or more dories are licensed, or used, in association with the primary vessel; and

                     (b)  at a particular time:

                              (i)  2 or more of those dories are in the Conservation Park Zone; and

                             (ii)  more than 1 of those dories is detached from the primary vessel.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

73J  Dories in Conservation Park Zone—offence by person on a dory

                   A person commits an offence if:

                     (a)  2 or more dories are licensed, or used, in association with a primary commercial fishing vessel; and

                     (b)  at a particular time:

                              (i)  2 or more of those dories are in the Conservation Park Zone; and

                             (ii)  more than 1 of those dories is detached from the primary vessel; and

                            (iii)  the person is in, or on, 1 of the dories that is detached from the primary vessel; and

                            (iv)  the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this regulation.

Penalty:  50 penalty units.

Division 2.4Authorisations relating to Hinchinbrook Planning Area

78B  Definitions

                   In this Division:

existing permission has the same meaning as in the Plan of Management.

Plan of Management means the Hinchinbrook Plan of Management 2004.

planning area means the Hinchinbrook Planning Area.

79  What this Division does

                   This Division provides for authorisations to do something in the planning area that was permitted by an existing permission in force immediately before 15 April 2004, but is not permitted by the Plan of Management.

Note:          15 April 2004 is the date on which Part 2 of the Plan of Management commenced.

80  Application for authorisation

             (1)  The holder of an existing permission may apply to the Authority for an authorisation to do a thing in the planning area if:

                     (a)  but for clause 2.5, 2.6, 2.9 or 2.18 of the Plan of Management, the existing permission would authorise the holder to do the thing in the area; and

                     (b)  the existing permission authorises the holder to do the thing in the area on more than 50 days in each year.

             (2)  Only the holder of an existing permission is entitled to apply for an authorisation.

             (3)  An application for an authorisation must be in writing and set out:

                     (a)  the name and address of the applicant; and

                     (b)  the details of the permission to which the authorisation is to be attached; and

                     (c)  details of the activity, including its location.

81  Asking for more information about an application

             (1)  The Authority may ask an applicant for an authorisation in writing to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.

             (2)  If the Authority asks for information under subregulation (1) about an application, and the applicant does not give the Authority the information within 60 days after the Authority asks for it, or any further time that the Authority allows before the end of the first 60‑day period, the application lapses.

82  Consideration of application

                   In considering an application for an authorisation, the Authority must take into account:

                     (a)  any relevant eligibility criteria set out in the Plan of Management; and

                     (b)  the requirements for ensuring the orderly and proper management of the Marine Park; and

                     (c)  any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

                     (d)  any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force).

83  Grant or refusal of authorisation

             (1)  If a person has applied for an authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.

             (2)  The Authority must not grant an authorisation to do something except to a person who holds an existing permission that would, but for a section of the Plan of Management, authorise the holder to do the thing.

             (3)  Except in special circumstances, an authorisation must not be granted if the application is made 3 months or less after the eligibility process commencement day (within the meaning of that expression in the Plan of Management).

             (4)  An authorisation may be granted subject to conditions, including:

                     (a)  a condition allowing the giving of authorities, and specifying how many persons may be given authorities; and

                     (b)  a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and

                     (c)  any other condition appropriate to the attainment of the object of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).

             (5)  The Authority must give the person written notice of its decision, setting out:

                     (a)  if the decision was to grant an authorisation—the details of the existing permission to which it is attached; and

                     (b)  if the authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and

                     (c)  if the decision was to refuse to grant the authorisation sought—the reasons for the refusal.

             (6)  If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:

                     (a)  may ask the Authority to reconsider the decision; and

                     (b)  if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the AAT for review of that decision.

Note:          See Pt 13 of these Regulations concerning reconsideration and review of decisions.

84  When condition or refusal has effect

             (1)  A decision to grant an authorisation unconditionally has effect immediately after the holder of the existing permission is told in writing of the decision.

             (2)  A decision to refuse to grant an authorisation, or to grant an authorisation subject to a condition, has effect 6 months after the holder of the existing permission is told in writing of the decision.

             (3)  Until a decision to which subregulation (2) applies has effect, the permission holder may continue to carry on the relevant activity in accordance with the permission.

85  Authorisation is part of permission

                   Except as otherwise provided in these Regulations, an authorisation is part of the existing permission mentioned in the notice under subregulation 83(5) to which it is attached.

86  How long authorisation remains in force

             (1)  An authorisation remains in force while the existing permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.

             (2)  A permission holder may surrender an authorisation without surrendering the existing permission to which it is attached.

87  Variation of authorisation in certain circumstances

                   If an authorisation is granted subject to a condition, the Authority may vary the condition at any time (with the written consent of the holder of the existing permission to which the authorisation is attached) to ensure that the condition is appropriate to the attainment of the object of the Act.

Part 2APermissions

Division 2A.1Permissions to which Part 2A applies

88  Permissions to which Part 2A applies

             (1)  This Part applies to the following permissions:

                     (a)  a permission for the purpose of section 38AA of the Act to engage in mining operations or geological storage operations;

                     (b)  a permission referred to in sections 38BA and 38BB of the Act for the purpose of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);

                     (c)  a permission referred to in section 38BD of the Act for the purpose of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;

                     (d)  a permission for the purpose of section 38CA of the Act to engage in conduct in an unzoned area of the Marine Park;

                     (e)  a permission for the purpose of section 38DD of the Act to discharge waste in the Marine Park;

                      (f)  a permission for the purpose of regulation 53 to
use or enter a Restricted Access SMA mentioned in regulation 52.

             (2)  To avoid doubt, a permission referred to in paragraph (1)(b) includes a special permission.

Division 2A.2Applications for permissions

88A  Application for permission

             (1)  Subject to Division 2A.3, a person may apply to the Authority for a permission by:

                     (a)  lodging a written application in accordance with subregulation (3); or

                     (b)  making an application (whether or not in writing) in a manner approved by the Authority.

Note:          Division 2A.3 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.

             (2)  Paragraph (1)(b) applies only in the circumstances approved by the Authority.

             (3)  For the purposes of paragraph (1)(a), the application must:

                     (a)  be in the form approved by the Authority; and

                     (b)  include the information required by the form; and

                     (c)  be accompanied by any documents required by the form; and

                     (d)  be lodged at a place or by a means specified in the form.

Note:          Under paragraph 131(1)(a), the Authority must, as soon as practicable after receiving an application, notify an applicant of the fee payable for the application.

             (4)  The Authority is not required to consider the application, or consider it further, if the application does not comply with the requirements of subregulation (3).

             (5)  If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (3), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:

                     (a)  that the application is incomplete; and

                     (b)  the matters that must be dealt with to complete the application.

             (6)  If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.

88B  Withdrawal of applications

                   Subject to regulation 88C, a person who makes an application under regulation 88A may, by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.

88C  Withdrawals of deemed applications

             (1)  This regulation sets out when a deemed application is taken to be withdrawn.

             (2)  If, under section 37AB of the Act, a referral under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999 is taken to be an application for a permission made in accordance with these Regulations, the referral is a deemed application for the purposes of this regulation.

             (3)  If, under paragraph 74D(4)(a) of that Act, the Minister refuses to approve the taking of the action proposed in the deemed application, the deemed application is taken to have been withdrawn at the time the Minister makes that decision.

             (4)  However, if the Minister makes a decision under paragraph 74D(4)(b) of that Act in relation to the action proposed in the deemed application, the deemed application is, at the time the Minister makes the decision, reinstated.

             (5)  If, under subsection 133(7) of that Act, the Minister refuses to approve the taking of the action proposed in the deemed application, the application is taken to have been withdrawn at the time the Minister refuses to approve the taking of the action proposed in the referral.

             (6)  If the deemed application is withdrawn under section 170C of that Act, the application is taken to have been withdrawn at the time the referral is so withdrawn.

88D  Advertising of applications

             (1)  If the Authority considers that the granting of a permission may restrict the reasonable use by the public of a part of the Marine Park, the Authority may, by written notice given to the applicant, require the applicant to publish an advertisement:

                     (a)  setting out any information about the application that the Authority reasonably requires; and

                     (b)  inviting interested persons to make written comments to the Authority about the application within a period of not less than 30 days specified by the Authority; and

                     (c)  specifying an address to which such comments may be sent.

             (2)  The applicant must, within the period specified in the notice:

                     (a)  provide a copy of the advertisement to the Authority; and

                     (b)  publish the advertisement in a newspaper circulating in that part of the State of Queensland adjacent to that part of the Marine Park in which the conduct, for which permission is sought, is to be engaged in.

             (3)  The Authority must also publish the advertisement on its website.

             (4)  If the applicant does not publish the advertisement in accordance with subregulation (2), the application is taken to have been withdrawn at the end of the period specified in the notice mentioned in paragraph (1)(b).

88E  Additional information

             (1)  For the purpose of assessing an application, the Authority may, in writing, request that the applicant give to the Authority specified additional information or a specified additional document.

             (2)  The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:

                     (a)  the Environment Protection and Biodiversity Conservation Act 1999; or

                     (b)  the Environmental Protection Act 1994 of Queensland, the Integrated Planning Act 1997 of Queensland or the State Development and Public Works Organisation Act 1971 of Queensland.

             (3)  If the applicant does not provide the additional information or document to the Authority within 20 business days after the day the Authority gives the notice to the applicant (or such longer period that the Authority allows), the application is taken to have been withdrawn.

Division 2A.3Applications for special permissions

88F  Purpose of Division

             (1)  This Division provides for the process of seeking expressions of interest in relation to applications for special permissions.

             (2)  This Division also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.

Note:          Generally, only entitled persons can apply under regulation 88A for a special permission.

88G  Interpretation

             (1)  In this Division:

heli‑pontoon means a non‑motorised, permanently moored facility that is used solely as a landing area for helicopters.

special permission has the meaning given by subregulations (2), (3) and (4).

             (2)  A special tourism permission is a special permission.

             (3)  A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37(2) of the Cairns Area Plan of Management 1998 is a special permission.

             (4)  A permission to operate a mooring facility that meets the criteria in subregulation (5) is a special permission.

             (5)  For subregulation (4), the criteria are that the mooring facility:

                     (a)  is in a Location listed in Schedule 6 to the Cairns Area Plan of Management 1998; or

                     (b)  is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008; or

                     (c)  is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004; or

                     (d)  is of a kind mentioned in subclause 1.37(1) of the Cairns Area Plan of Management 1998;

but is not a mooring facility:

                     (e)  of a kind mentioned in paragraph 1.36(3)(a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39(7) of the Cairns Area Plan of Management 1998; or

                      (f)  in a place mentioned in subclause 1.27(2) of the Whitsundays Plan of Management 1998; or

                     (g)  in a place or of a kind referred to in subclause 1.29(1) or 2.22(2) of the Hinchinbrook Plan of Management 2004.

88H  Application of Division

             (1)  A person is not required to be declared an entitled person under this Division in order to apply for a special permission if:

                     (a)  the person holds a special permission and, before
the permission expires, the person applies under regulation 88A to replace the permission with a permission of the same kind; or

                     (b)  the person held a special permission and after its expiry:

                              (i)  the person applied under regulation 88A to replace the permission with a permission of the same kind; and

                             (ii)  the Authority, under subregulation (2), decides to treat the application as having been made before the expiry of the permission; or

                     (c)  the permission is transferred to the person under regulation 88ZK.

             (2)  For subparagraph (1)(b)(ii), the Authority may decide to treat the application as having been made before the expiry of the special permission if the Authority considers that special circumstances put forward in writing by the applicant justify its doing so.

88I  Only entitled person may apply for special permission

             (1)  Despite subregulation 88A(1) and subject to regulation 88H, a person may apply for a special permission only if the person is, under this Division, declared to be an entitled person for the permission.

             (2)  The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management, and either:

                     (a)  has not been granted previously; or

                     (b)  if granted previously—will not be in force at the time the entitled person is granted the applied‑for permission under regulation 88X.

Note 1:       A permission might no longer be in force because it has expired, has been surrendered or has been revoked.

Note 2:       The process of seeking expressions of interest must occur before the granting of the special permission. See regulation 88J.

88J  Invitations for expressions of interest

             (1)  Subject to regulation 88H, before granting a special permission under regulation 88X, the Authority must publish a notice inviting expressions of interest in the permission.

             (2)  The notice must be published:

                     (a)  on the Authority’s website; and

                     (b)  in a newspaper, if any, that is a local newspaper circulating in that part of the State of Queensland adjacent to that part of the Marine Park in which the conduct, for which permission is sought, is to be engaged in.

             (3)  The notice must set out:

                     (a)  the kind of permission or, if the notice applies to more than 1 kind of permission, each of the kinds of permission, for which expressions of interest are sought; and

                     (b)  the procedure for expressing an interest; and

                     (c)  the closing date for expressing an interest; and

                     (d)  the amount of the lodgment fee for expressing an interest; and

                     (e)  the criteria to be applied by the Authority in assessing an expression of interest.

             (4)  The notice must be published at least 10 business days before the closing date for the expressions of interest.

88K  Consideration of expressions of interest to determine entitled person

             (1)  In making a decision under regulation 88M, 88N or 88O as to who is an entitled person in relation to a special permission mentioned in a notice under regulation 88J, the Authority must only consider expressions of interest that are:

                     (a)  made in the form approved by the Authority; and

                     (b)  received after the publication of the notice but no later than the closing date set out in the notice; and

                     (c)  accompanied by the lodgment fee mentioned in the notice.

             (2)  In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph  88J(3)(e).

88L  Ranking expressions of interest

             (1)  Subject to subregulation (3), for each kind of special permission for which interest is expressed by more than 1 person, the Authority must rank the expressions in order of merit, and may rank by ballot any expressions of equal merit.

             (2)  The Authority must determine the order of merit on the basis of the criteria set out in the notice under paragraph 88J(3)(e).

             (3)  The Authority must not rank an expression of interest that does not satisfy all of the criteria mentioned in the notice under paragraph 88J(3)(e).

             (4)  The Authority must give to a person whose expression of interest has not been ranked, a written notice setting out the reasons for the Authority’s decision not to rank the expression of interest.

             (5)  The Authority must give the notice to the person within 10 business days after making the decision.

88M  First declaration of entitled person

             (1)  For a kind of special permission set out in a notice under regulation 88J, the Authority must, in writing, declare the person who lodged the most highly ranked expression of interest for that kind of permission to be the entitled person for the permission.

             (2)  The declaration must be made, and given to the person, as soon as practicable after the Authority ranks the expression of interest.

             (3)  The declaration must:

                     (a)  specify the date from which the decision that the person’s expression of interest is the most highly ranked for the permission takes effect (the date of effect); and

                     (b)  declare that the person is an entitled person to make an application under regulation 88A for that permission; and

                     (c)  state that the person must make the application within 15 business days after the date of effect or the person will cease to be the entitled person for the permission.

             (4)  The date of effect must not be a date before the date that the declaration is given to the person.

88N  Second declaration of entitled person

             (1)  The person declared to be the entitled person for the special permission under regulation 88M ceases to be the entitled person if the person:

                     (a)  does not apply under regulation 88A within the period mentioned in paragraph 88M(3)(c); or

                     (b)  withdraws an application made under regulation 88A; or

                     (c)  lodges an application under regulation 88A and the application:

                              (i)  is taken to have been withdrawn under subregulation 88E(3); or

                             (ii)  is refused under regulation 88X; or

                            (iii)  lapses under regulation 132.

             (2)  If the person ceases to be the entitled person for the special permission, the Authority must again rank the expressions of interest for the permission so that the immediately next ranked expression of interest becomes the most highly ranked expression of interest.

             (3)  The Authority must, in writing, declare the person whose expression of interest was ranked highest under subregulation (2), to be the entitled person for the permission.

             (4)  The declaration must be made, and given to the person, as soon as practicable after the Authority ranks the expression of interest under subregulation (2).

             (5)  The declaration must:

                     (a)  specify the date from which the decision that the person’s expression of interest is the most highly ranked for the permission takes effect (the date of effect); and

                     (b)  declare that the person is an entitled person to make an application under regulation 88A for the permission; and

                     (c)  state that the person must apply to make that application within 15 business days after the date of effect or the person will cease to be the entitled person for the permission.

             (6)  The date of effect must not be a date before the date that the declaration is given to the person.

88O  Further declarations of entitled person

             (1)  If the person declared under regulation 88N to be the new entitled person for the special permission:

                     (a)  does not apply under regulation 88A within the period mentioned in paragraph 88N(5)(c); or

                     (b)  withdraws an application made under regulation 88A; or

                     (c)  lodges an application under regulation 88A and the application:

                              (i)  is taken to have been withdrawn under subregulation 88E(3); or

                             (ii)  is refused under regulation 88X; or

                            (iii)  lapses under regulation 132;

then regulation 88N continues to apply as required to the process of ranking of expressions of interest to determine the person who is to be declared the entitled person for the permission.

             (2)  If the Authority is required to again rank expressions of interest under regulation 88N for a kind of permission set out in a notice under regulation 88J, the Authority in doing so need only take into account the outcome of the previous ranking for that permission.

88P  Notice regarding unsuccessful expressions of interest

             (1)  If:

                     (a)  a person’s expression of interest for a special permission has been ranked by the Authority under regulation 88L; and

                     (b)  the person has not received a declaration under regulation 88M, 88N or 88O;

the Authority must give the person a written notice setting out the reasons for the decision not to give the person’s expression of interest the highest ranking for that permission.

             (2)  The notice must be given within 20 business days after the making of the decision.

             (3)  This regulation does not apply in relation to an expression of interest that has been ranked again by the Authority in accordance with regulation 88N or 88O.

Division 2A.4Consideration of applications

88Q  Consideration of applications—mandatory considerations

                   In deciding whether or not to grant a permission in relation to an application, and whether or not to impose any conditions on the permission, the Authority must consider the following:

                     (a)  the potential impacts of the conduct proposed to be permitted by the permission (the proposed conduct) on the environment and on the social, cultural and heritage values of the Marine Park or a part of the Marine Park;

                     (b)  options for monitoring, managing and mitigating the potential impacts of the proposed conduct;

                     (c)  if the proposed conduct will take place in an area to which a zoning plan applies—the objectives of the zone as set out in the zoning plan;

                     (d)  if the proposed conduct also requires an approval or permit under the Environment Protection and Biodiversity Conservation Act 1999:

                              (i)  whether the approval or permit has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and

                             (ii)  any relevant assessment documentation (within the meaning given by subsection 133(8) of that Act) in relation to the approval or permit;

                     (e)  any written comments received about the application in response to the public advertisement published in accordance with regulation 88D;

                      (f)  any other matters relevant to the orderly and proper management of the Marine Park.

Note:          Subsection 7(3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.

88R  Consideration of applications—discretionary considerations

                   In deciding whether or not to grant a permission in relation to an application, and whether or not to impose any conditions on the permission, the Authority may consider the following:

                     (a)  the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;

                     (b)  the effect that the grant of the permission will have on public appreciation, understanding and enjoyment of the Marine Park;

                     (c)  the impact of the conduct proposed to be permitted under the permission in the context of other conduct in the relevant area or nearby areas, or in the Marine Park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the Authority’s consideration of the application, whether or not related to or a consequence of the proposed conduct;

                     (d)  any policies or guidelines issued by the Authority about the management of the Marine Park or the performance of the Authority’s functions under the Act and these Regulations;

                     (e)  if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project;

                      (f)  if the proposed conduct also requires an approval or a permission under a law of Queensland—whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and

                     (g)  any international Convention to which Australia is a signatory, or any agreement between the Commonwealth and a State or Territory, that is relevant to the application;

                     (h)  any relevant law of the Commonwealth, or a relevant law of Queensland as in force from time to time, or a relevant plan made under such a law, relating to the management of the environment, or an area in the Marine Park;

                      (i)  any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999;

                      (j)  whether the applicant for the permission is a suitable person to hold such a permission, having regard to:

                              (i)  the applicant’s history in relation to environmental matters; and

                             (ii)  if the applicant is a body corporate—the history of its executive officers in relation to environmental matters; and

                            (iii)  if the applicant is a company that is a subsidiary of another company (the parent body)—the history of the parent body and its executive officers in relation to environmental matters; and

                            (iv)  any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

                             (v)  any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

                            (vi)  any unpaid fines or civil penalties required to be paid by the applicant in relation to a contravention of the Act or of these Regulations;

                     (k)  any other matters relevant to achieving the objects of the Act.

88S  Limitations on granting permissions to take protected species

             (1)  If conduct that is the subject of an application for a permission relates to, or involves, the taking of a protected species, the Authority must not issue a permission for the conduct unless it is satisfied that:

                     (a)  the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and

                     (b)  1 or more of the following apply:

                              (i)  to the extent that the conduct relates to an area or areas outside the Marine Park—the conduct is permitted by or under the Environment Protection and Biodiversity Conservation Act 1999;

                             (ii)  the conduct is of particular significance to the traditions of traditional owners and will not adversely affect the survival or recovery in nature of the protected species;

                            (iii)  the conduct will contribute to the conservation of the protected species;

                            (iv)  the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.

             (2)  If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or swimming with whales, the Authority must also consider whether the conduct will adversely affect a cetacean or the conservation status of a species of cetacean or a population of a species of cetacean.

             (3)  The matters mentioned in subregulations (1) and (2) are additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.

88T  Limitations on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area

             (1)  For subparagraph 2.3.4(a)(iii) of the Zoning Plan, the following limitations are prescribed in relation to a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:

                     (a)  the Authority must not grant the permission unless the applicant:

                              (i)  demonstrates, by producing logbook records and receipts for broodstock from an aquaculture facility, that the applicant has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and

                             (ii)  holds a current commercial fisheries licence (T1 endorsement) under Queensland fisheries legislation; and

                            (iii)  demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and

                            (iv)  demonstrates compliance with the requirements of Queensland fisheries legislation relating to the maintenance and use of vessel monitoring systems; and

                             (v)  holds a purchase order for leader prawn broodstock from a licensed Australian aquaculture facility;

                     (b)  the Authority must not grant the permission if doing so would result in there being more than 5 such permissions in force at any one time.

             (2)  The matters mentioned in subregulation (1) are additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.

             (3)  This regulation applies only in relation to the initial grant of a permission of a kind mentioned in subregulation (1).

88U  Limitation on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area—maximum number

             (1)  In this regulation, Ribbon Reefs Sector and Offshore Port Douglas Sector have the same meaning as in Schedule 2 to the Cairns Area Plan of Management 1998.

             (2)  This regulation applies to an application for a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area.

             (3)  The Authority must not grant the permission if doing so would result in there being more than 9 permissions of that kind in force at any one time.

             (4)  The matter mentioned in subregulation (3) is additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.

88V  Limitations on granting permissions to enter or use Princess Charlotte Bay SMA—special management provisions

             (1)  In this regulation:

primary commercial fishing boat licence means a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time.

specified area means the area enclosed by the meridians 143° 30.00¢ E and 144° 30.00¢ E and the parallels 14° 00.00¢ S and 14° 30.00¢ S.

Note:          The area defined is known as the Queensland fisheries logbook areas D11 and E11.

             (2)  For section 4.2.4 of the Zoning Plan, the Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) unless:

                     (a)  the person is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the specified area; and

                     (b)  in accordance with the licence, netting was carried out in the specified area:

                              (i)  at any time between 1 January 1996 and 31 December 1999 (inclusive); and

                             (ii)  at any time in 3 or more calendar years between 1 January 1988 and 31 December 1999 (inclusive); and

                     (c)  in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in the specified area in the period mentioned in subparagraph (b)(ii).

             (3)  An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) must, in addition to containing the information required by Division 2A.2, be accompanied by evidence of the kind mentioned in subregulation (4) showing that the applicant satisfies the criteria in subregulation (2).

             (4)  For subregulation (3), the evidence is:

                     (a)  a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 of Queensland, showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (2)(a); and

                     (b)  a copy of each of the documents specified in subregulation (5), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 of Queensland), showing that the applicant had complied with the conditions set out in paragraphs (2)(b) and (c).

             (5)  For paragraph (4)(b), the following documents are specified:

                     (a)  each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority or the State of Queensland through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 of Queensland, as in force on 1 July 2004;

                     (b)  if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 of Queensland.

             (6)  The matters mentioned in subregulation (2) are additional to the matters that the Authority is required to consider under regulation 88Q or may consider under regulation 88R.

             (7)  This regulation applies only in relation to the initial grant of a permission of a kind mentioned in subregulation (2).

88W  Considerations for permissions to camp on Commonwealth islands

             (1)  In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.

             (2)  To avoid doubt, the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R do not apply to a permission under subregulation (1).

Note:          Subsection 7(3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.

Division 2A.5Granting and refusing permissions

88X  Grant or refusal of permission

                   If:

                     (a)  a person has applied for a permission in accordance with this Part; and

                     (b)  has complied with any requirement or request by the Authority about the application;

the Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application.

88Y  Application to be decided within reasonable time

             (1)  Subject to regulation 88Z, the Authority must make a decision on the application, and must notify the applicant of its decision, within a reasonable period after receipt of the application.

             (2)  The Authority must notify the applicant in writing.

Note:          Under the Electronic Transactions Act 1999 the Authority is able to notify its decision by electronic communication.

88Z  Decision on referrals that are taken to be applications

             (1)  This regulation applies if, under section 37AB of the Act, a referral under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999 is taken to be an application (the deemed application) for a permission made in accordance with these Regulations.

             (2)  The Authority must not make a decision in relation to the deemed application unless:

                     (a)  the Minister has determined under section 75 of the Environment Protection and Biodiversity Conservation Act 1999 that the action is not a controlled action; or

                     (b)  if the Minister has determined that the action is a controlled action—the Minister has made a decision under section 133 of the Environment Protection and Biodiversity Conservation Act 1999 to approve the action in the referral.

             (3)  The Authority must make a decision in relation to the deemed application:

                     (a)  if paragraph (2)(a) applies—within a reasonable period after the making of the determination mentioned in paragraph (2)(a); and

                     (b)  if paragraph (2)(b) applies—within the period of 10 business days after the making of the decision mentioned in paragraph (2)(b), unless subregulation (4) applies.

             (4)  The Authority may extend the period mentioned in paragraph (3)(b) by giving the applicant a notice in writing specifying the period within which it will make a decision on the deemed application.

             (5)  The notice must be given to the applicant before the end of the period mentioned in paragraph (3)(b).

Division 2A.6Form, term and conditions of permissions

88ZA  Form of permission

                   A permission issued by the Authority must be in writing and must specify the following:

                     (a)  if the permission is issued to an individual—the name of the person or persons to whom the permission is issued;

                     (b)  if the permission is issued to a body corporate—the name of the body corporate and, if available, the ABN or ACN of the body corporate, as appropriate;

                     (c)  the conduct that the person is authorised to engage in;

                     (d)  the date the permission is granted and, if different, the date the permission comes into force;

                     (e)  the date the permission expires;

                      (f)  the conditions subject to which the permission is granted;

                     (g)  whether the permission allows the holder to grant authorities under the permission.

88ZB  Term of permission

             (1)  Subject to regulation 88ZC, a permission remains in force for the period specified in the permission, unless it is revoked or surrendered before the end of that period.

             (2)  The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.

88ZC  Certain permissions to continue in force

             (1)  If:

                     (a)  at any time:

                              (i)  before a permission (the original permission) ceases to be in force, the permission holder applies for a further permission of the same kind in relation to the same conduct; or

                             (ii)  after the original permission expires the Authority decides under subregulation 88H(2) to treat the application for the further permission as having been made before the expiry of the original permission; and

                     (b)  the application has not been granted or refused before the expiry of the original permission; and

                     (c)  the application has not been withdrawn under regulation 88B or 88C before the expiry of the original permission;

then the original permission remains in force until the first of the following events occur:

                     (d)  the application is taken to have been withdrawn under regulation 88D or 88E;

                     (e)  the Authority makes a decision on the application under regulation 88X;

                      (f)  the original permission is suspended or revoked under Division 2A.8;

                     (g)  the application lapses under regulation 132.

             (2)  If a permission remains in force under subregulation (1), any authorisation attached to it is also taken to remain in force as long as the permission is in force.

88ZD  Commencement of special permissions

             (1)  Subject to subregulations (2), (3) and (4), a special permission does not come into force until the end of a 70 business day period commencing on the day that the Authority decides to grant the permission.

             (2)  If:

                     (a)  the Authority grants a special permission; and

                     (b)  a request for reconsideration, in accordance with subregulation 185(8), has not been made in relation to the Authority’s decision to grant the permission;

the permission comes into force on the day after the end of the period in which a request for reconsideration of the decision must be made under subregulation 185(8).

             (3)  If the Authority grants an application under regulation 88A to replace a special permission with a permission (the new permission) of the same kind, the new permission comes into force on the day it is granted, or such later date as is specified by the Authority in the permission.

             (4)  If the Authority approves the transfer of a special permission (the transferred permission) under regulation 88ZK, the transferred permission comes into force on the day the transfer is approved, or such later date as is specified by the Authority in the approval.

88ZE  Conditions of permission

             (1)  A permission may be granted subject to any conditions appropriate to the attainment of the objects of the Act.

             (2)  Without limiting the generality of subregulation (1), a permission may be granted subject to any of the following conditions:

                     (a)  a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;

                     (b)  a condition requiring the preparation, submission for approval by the Authority, and implementation of a plan for preventing, minimising or mitigating the potential environmental impacts of the permitted conduct;

                     (c)  a condition requiring specified monitoring and audit activities to be carried out;

                     (d)  a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to the attainment of the objects of the Act;

                     (e)  a condition requiring the provision of a security by way of a bond, guarantee or cash deposit;

                      (f)  a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any project that is permitted by the permission;

                     (g)  a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);

                     (h)  a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or these Regulations;

                      (i)  a condition requiring the permission holder to undertake specified activities:

                              (i)  to protect the environment of the Marine Park; or

                             (ii)  to repair or mitigate damage to the environment of the Marine Park;

                      (j)  a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).

             (3)  The Authority must not include in a permission a condition of a kind mentioned in paragraph (2)(i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.

88ZF  Authorities under permissions

             (1)  In granting a permission, the Authority may include in the permission a condition that allows the holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.

             (2)  The holder of a permission that contains such a condition may, unless to do so would contravene another condition of the permission, give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.

             (3)  If the carrying out of an activity by a person is authorised by an authority under a permission:

                     (a)  the permission is, for the purposes of these Regulations, taken to authorise that person to carry out that activity; and

                     (b)  any conditions to which the permission is subject, being conditions that relate to the carrying out of that activity, apply to the carrying out of that activity by the person; and

                     (c)  the permission holder remains responsible for any activity carried out under the authority; and

                     (d)  the giving of the authority does not prevent the carrying out of any activity by the person who gave the authority.

Division 2A.7Transfer of permissions and changes in beneficial ownership

Subdivision 2A.7.1Transfer of permissions

88ZG  Application to transfer permission

             (1)  The holder of a permission (the transferor) may apply to the Authority to transfer the permission, unless the permission:

                     (a)  is suspended; or

                     (b)  would have expired before the date of the proposed transfer.

             (2)  The application must:

                     (a)  be in the form approved by the Authority; and

                     (b)  be signed by the transferor and the proposed transferee; and

                     (c)  include, or be accompanied by, the information and documents required by the form; and

                     (d)  be lodged:

                              (i)  at a place or by a means specified in the form; and

                             (ii)  at least 20 business days before the day on which the transfer is intended to occur; and

                     (e)  be accompanied by the transfer fee required under item 1 of Table 134.

             (3)  The Authority is not required to consider the application, or consider it further, if the application does not comply with the requirements of subregulation (2).

             (4)  If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (2), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:

                     (a)  that the application is incomplete; and

                     (b)  the matters that must be dealt with to complete the application.

             (5)  If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.

88ZH  Consideration of application to transfer a permission

             (1)  In considering the application to transfer a permission, the Authority must consider the following:

                     (a)  the need to ensure the orderly and proper management of the Marine Park;

                     (b)  whether the transferor or proposed transferee owes any fee or other amount payable under the Act or these Regulations;

                     (c)  whether there are reasonable grounds for believing that the transferee can comply with any conditions to be attached to the permission.

             (2)  In considering the application to transfer a permission, the Authority may consider the following:

                     (a)  if the application relates to an undeveloped project the cost of which will be large—the capacity of the proposed transferee to satisfactorily develop and manage the project;

                     (b)  whether the transferee would be a suitable person to hold the permission, having regard to:

                              (i)  the transferee’s history in relation to environmental matters; and

                             (ii)  if the transferee is a body corporate—the history of its executive officers in relation to environmental matters; and

                            (iii)  if the transferee is a company that is a subsidiary of another company (the parent body)—the history of the parent body and its executive officers in relation to environmental matters.

88ZI  Further information required to consider application

             (1)  For the purposes of assessing the transferor’s application under regulation 88ZG, the Authority may, in writing, request the transferor or the transferee to give to the Authority specified additional information or specified additional documents.

             (2)  The transferor or transferee, as appropriate, must give the specified information or specified documents to the Authority within the period of 20 business days after the Authority gives the request to the transferor or transferee, as appropriate.

             (3)  The Authority may, before the expiration of the 20 business days, extend the period by notice in writing given to the transferor or transferee, as appropriate.

             (4)  The application is taken to have been withdrawn at the end of the period of 20 business days, or the longer period allowed by the Authority, as the case may be, if the transferor or the transferee, as appropriate, does not provide the additional information or document.

88ZJ  Transfer of permissions related to approval under Environment Protection and Biodiversity Conservation Act 1999

                   The Authority must not approve the transfer of a permission that relates to an activity that is also the subject of an approval under the Environment Protection and Biodiversity Conservation Act 1999 unless the Minister has consented to the transfer of the approval under section 145B of that Act.

88ZK  Approval of transfer

             (1)  The Authority must, in writing given to the transferor and the proposed transferee, approve or refuse the transfer of the permission:

                     (a)  within 20 business days after receiving the application; or

                     (b)  if the Authority has requested additional information under regulation 88ZI—within 20 business days after receiving the additional information, unless the application is taken to have been withdrawn under subregulation 88ZI(4); or

                     (c)  if the Authority has notified the applicant of a longer period for considering the application—no later than the end of that longer period, unless the application is taken to have been withdrawn under subregulation 88ZI(4).

             (2)  The Authority must not approve a transfer unless any fee payable under regulation 134 has been paid.

             (3)  If the Authority approves the transfer, it must issue the transferee a permission (the new permission) of identical effect and with identical conditions as the permission held by the transferor, unless otherwise agreed by the transferee.

             (4)  Despite subregulation (3), the new permission may include any of the following conditions:

                     (a)  a condition requiring the provision of a security by way of a bond, guarantee or cash deposit;

                     (b)  a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any project that is permitted by the permission;

                     (c)  a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities may incur (including costs that may be incurred under section 61A of the Act);

                     (d)  a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s activities or contravention of the Act or these Regulations.

             (5)  The permission (the old permission) held by the transferor is cancelled at the time the transferee is granted the new permission.

88ZL  Transfer of authorisation attached to permission

             (1)  Any authorisation that is attached to the permission is transferred with the permission.

             (2)  To avoid doubt, an authorisation cannot be transferred separately from the permission to which it is attached.

Note:          Under regulation 85, an authorisation is part of the permission to which it is attached.

Subdivision 2A.7.2Change in beneficial ownership of company

88ZM  Change in beneficial ownership of permission holder that is a company

             (1)  A permission holder that is a company must notify the Authority in writing if there is a change in the beneficial ownership of the company (the changed company) after the permission has been granted.

Note:          It is an offence under regulation 88ZX not to notify the Authority of the change.

             (2)  The notice must be:

                     (a)  in a form approved by the Authority; and

                     (b)  given to the Authority within 20 business days after the change occurs.

             (3)  For subregulation (1), a change in the beneficial ownership of a company occurs when:

                     (a)  there is a change in the persons (whether individuals or bodies corporate) holding an interest in 50% or more of the total voting shares of the company; or

                     (b)  the company becomes a subsidiary of another company.

88ZN  Further particulars about change in beneficial ownership

             (1)  The Authority may, in writing given to the changed company, request the company to provide further information about the change in order to enable the Authority to properly consider the matters in regulation 88ZO.

             (2)  The Authority may, by written notice given to the changed company, suspend or revoke the permission held by the changed company (or modify the conditions of the permission) if the company does not provide the information to the Authority within 20 business days (or such longer period specified by the Authority) after the Authority gives the request to the company.

             (3)  Before suspending or revoking the permission (or modifying the conditions of the permission) under subregulation (2), the Authority must:

                     (a)  give the company notice in writing of the facts and circumstances that, in the opinion of the Authority, justify suspending or revoking the permission (or modifying the conditions of the permission); and

                     (b)  include in the notice a statement that the holder may, within 20 business days after the date of the notice (or such longer period as is specified in the notice), provide reasons to the Authority why the permission should not be suspended or revoked or why the conditions should not be modified.

             (4)  In deciding whether or not to suspend or revoke the permission (or modify the conditions of the permission), the Authority must consider any reasons provided by the permission holder in response to a notice under subregulation (3).

88ZO  Suspension, revocation or modification in relation to change in beneficial ownership

             (1)  If the Authority receives a notice under regulation 88ZM, it may suspend or revoke, or modify the conditions of, the permission held by the changed company on the following grounds:

                     (a)  if the permission relates to an undeveloped project the costs of which will be large—there are reasonable grounds for believing the changed company does not have the capacity to satisfactorily develop and manage the project;

                     (b)  the changed company, or an executive officer of the changed company, owes a fee, fine or other amount payable under the Act or these Regulations;

                     (c)  there are reasonable grounds for believing that the changed company cannot comply with one or more of the conditions attached to the permission;

                     (d)  the changed company is not a suitable person to hold the permission, having regard to:

                              (i)  the history of the changed company in relation to environmental matters; and

                             (ii)  the history of the executive officers of the changed company in relation to environmental matters; and

                            (iii)  if the changed company is a subsidiary of another company (the parent body)—the history of the parent body, and its executive officers, in relation to environmental matters.

             (2)  The Authority must notify the changed company whether or not it intends to suspend or revoke, or modify the conditions of, the permission held by the changed company within 20 business days after receiving:

                     (a)  if the Authority has not requested additional information under regulation 88ZN—a notice under regulation 88ZM; or

                     (b)  if the Authority has requested additional information under regulation 88ZN—the additional information requested under regulation 88ZN.

Division 2A.8Modification, suspension and revocation

88ZP  Modification of permission conditions

             (1)  The Authority may, by written notice given to a permission holder, modify the conditions of the permission in order to ensure the permission, and the conditions of the permission, remain appropriate to the attainment of the objects of the Act.

             (2)  The Authority may modify the conditions:

                     (a)  with the consent of the permission holder; or

                     (b)  without the consent of the permission holder:

                              (i)  if the holder has been convicted or found guilty of an offence against the Act or these Regulations; or

                             (ii)  if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the person’s application for the permission; or

                            (iii)  if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision in the Act; or

                            (iv)  if the activity or conduct that is the subject
of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been varied under section 143 of that Act; or

                             (v)  if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.

             (3)  Before taking action to modify a condition on a ground mentioned in paragraph (2)(b), the Authority must:

                     (a)  give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and

                     (b)  include in the notice a statement that the holder may, within 20 business days after the date of the notice (or such longer period as is specified in the notice), provide reasons to the Authority why the condition should not be modified.

             (4)  In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in response to a notice under subregulation (3).

             (5)  In this regulation, permission includes an authorisation attached to the permission.

88ZQ  Modification of conditions or suspension of permission—pending investigation

             (1)  The Authority may, by written notice to the permission holder, modify the conditions of the permission, or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:

                     (a)  the holder has contravened, or is likely to contravene, the conditions of the permission; or

                     (b)  unacceptable impacts have occurred, are occurring or are likely to occur, to the Marine Park or to users of the Marine Park which were not foreseen at the time of granting the permission; or

                     (c)  if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or

                     (d)  the holder’s history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.

             (2)  The notice must also:

                     (a)  set out the Authority’s reasons for the modification or suspension; and

                     (b)  specify a period (being a period of not less than 10 business days) within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.

             (3)  The modification or the suspension, as appropriate, commences:

                     (a)  on the day the Authority notifies the permission holder under subregulation (1); or

                     (b)  if a later day is specified in the notice, on that later day.

             (4)  The Authority must, as soon as practicable after notifying the permission holder:

                     (a)  investigate the matter in respect of which the condition was modified or the permission was suspended; and

                     (b)  consider any reasons provided by the permission holder in response to the notice.

             (5)  The Authority must complete its investigation within:

                     (a)  20 business days after the day on which the modification or suspension commenced; or

                     (b)  20 business days after the day the permission holder provides reasons to the Authority in response to the notice;

whichever occurs later.

             (6)  In this regulation, permission includes an authorisation attached to the permission.

88ZR  Action following investigation

             (1)  If, as a result of its investigation, the Authority does not find reasonable grounds for modifying the condition or suspending the permission, it must:

                     (a)  immediately remove the modification or suspension; and

                     (b)  as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension, as the case may be.

             (2)  If, as a result of its investigation, the Authority finds reasonable grounds for modifying the condition or suspending the permission, it may, by written notice given to the permission holder, take the following action:

                     (a)  continue the modification;

                     (b)  continue the suspension;

                     (c)  revoke the permission.

             (3)  The Authority must take the action no later than 10 business days after the day it completes its investigation.

             (4)  The notice must include the reasons for continuing the modification or suspension, or revoking the permission, as the case may be.

             (5)  If the Authority continues the modification or suspension by notice under subregulation (2), the following provisions apply:

                     (a)  in the case of a modification of a condition—the permission that is subject to the condition has effect as if it had been granted with the modified condition;

                     (b)  in the case of a suspension—the permission remains suspended for the period specified in the notice.

             (6)  If the Authority revokes the permission under subregulation (2), the revocation takes effect on the day the Authority gives the notice to the permission holder.

             (7)  If the Authority does not continue the modification or suspension, or revoke the permission, within a period of 10 business days after completing its investigation, the modification or suspension, as the case may be, ceases to have effect at the end of that period.

             (8)  In this regulation, permission includes an authorisation attached to the permission.

88ZS  Suspension or revocation of permission—bareboat operations

             (1)  The Authority may, by notice in writing given to a permission holder, suspend the permission granted to the holder for the purposes of a zoning plan to conduct a tourist program involving a bareboat operation in the Whitsunday Planning Area if:

                     (a)  the holder’s senior staff, persons responsible for briefing clients and persons operating radio facilities are not registered with the Authority under regulation 124; or

                     (b)  the holder’s bareboats do not have protection and public liability indemnity insurance for at least $10 000 000; or

                     (c)  the holder does not have facilities available on board the bareboats and on shore for the disposal of garbage resulting from the bareboat operation; or

                     (d)  the holder’s bareboats do not display a valid and unique identification number, issued by the Authority, when the holder conducts the bareboat operation in the Marine Park.

             (2)  The suspension commences:

                     (a)  on the day the Authority notifies the permission holder under subregulation (1); or

                     (b)  if a later day is specified in the notice, on that later day.

             (3)  Before suspending a permission under subregulation (1), the Authority must:

                     (a)  give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify suspending the permission; and

                     (b)  include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.

             (4)  In deciding whether to suspend the permission, the Authority must consider any reasons provided by the permission holder in response to a notice under subregulation (3).

             (5)  If the permission holder does not comply, or ensure compliance, with the requirements in paragraphs (1)(a) to (d), within the period of 40 business days after the suspension, the Authority may revoke the permission after the end of the period by giving the holder written notice.

             (6)  The revocation commences:

                     (a)  on the day the Authority gives notice to the permission holder under subregulation (5); or

                     (b)  if a later day is specified in the notice, on that later day.

88ZT  Suspension of permission—environmental management charge

             (1)  The Authority may, by notice in writing given to the holder of a chargeable permission, suspend the permission if any of the following apply:

                     (a)  at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;

                     (b)  charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;

                     (c)  at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;

                     (d)  a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;

                     (e)  an amount of late payment penalty that is payable in relation to the permission has not been paid;

                      (f)  at the end of the month in which a return in relation to the permission is to be given to the Authority under subregulation 167(1) or (3), the return has not been given to the Authority.

             (2)  The suspension commences:

                     (a)  on the day the Authority gives notice to the permission holder under subregulation (1); or

                     (b)  if a later day is specified in the notice, on that later day.

             (3)  The suspension remains in force until the Authority is satisfied:

                     (a)  that:

                              (i)  if paragraph (1)(a), (b), (c), (d) or (e) applies—the charge, amount or penalty, as appropriate, is paid; or

                             (ii)  if paragraph (1)(f) applies—a properly completed return has been given to the Authority; and

                     (b)  that the reinstatement fee under regulation 133B is paid to the Authority.

             (4)  Before taking action to suspend a permission under subregulation (1), the Authority must:

                     (a)  give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and

                     (b)  include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.

             (5)  In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in response to a notice under subregulation (4).

88ZU  Revocation of permission—general

             (1)  The Authority may, by written notice given to the permission holder, revoke the permission if the Authority is satisfied that any of the following apply:

                     (a)  the holder consents to the revocation;

                     (b)  the holder has been convicted or found guilty of an offence against the Act or these Regulations;

                     (c)  the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the holder’s application for the permission;

                     (d)  the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision in the Act;

                     (e)  if the permission has been suspended under regulation 88ZT—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;

                      (f)  the conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;

                     (g)  the holder did not begin to engage in the conduct that is permitted by the permission in the Marine Park within 120 days after the date on which the permission was granted, or transferred, under these Regulations, unless the permission states otherwise.

             (2)  A revocation takes effect:

                     (a)  on the day the Authority gives the holder notice of the revocation under subregulation (1); or

                     (b)  if a later day is specified in the notice, on that later day.

             (3)  Before taking action to revoke a permission on a ground mentioned in paragraphs (1)(b) to (g), the Authority must:

                     (a)  give to the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and

                     (b)  include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.

             (4)  In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in response to a notice under subregulation (3).

             (5)  In spite of subregulation (3), the Authority may, by notice in writing given to the holder, suspend the permission while it considers whether or not to revoke the permission.

             (6)  The suspension:

                     (a)  commences:

                              (i)  on the day the Authority notifies the permission holder under subregulation (3); or

                             (ii)  if a later day is specified in the notice, on that later day; and

                     (b)  ends on the earlier of:

                              (i)  the day the Authority makes a decision on whether or not to revoke the permission; and

                             (ii)  the day that is 20 business days after the date of the notice mentioned in subregulation (3).

             (7)  In this regulation, permission includes an authorisation attached to the permission.

88ZV  Revoked permission to be reinstated in particular circumstances

             (1)  This regulation applies if:

                     (a)  the Authority has revoked a permission (the revoked permission) because the conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval (the revoked approval) has been revoked under section 145 of that Act; and

                     (b)  the revoked approval has been reinstated under section 145A of that Act.

             (2)  The Authority must:

                     (a)  reinstate the revoked permission as soon as practicable after the revoked approval has been reinstated; and

                     (b)  notify the permission holder in writing that the permission has been reinstated.

Division 2A.9Offence provisions

88ZW  Requirement to produce permission for inspection

             (1)  A person commits an offence if:

                     (a)  the person holds a permission; and

                     (b)  the person engages in conduct in the Marine Park; and

                     (c)  the Authority, or an inspector performing functions under the Act, requests the person to produce a copy of the permission; and

                     (d)  the person does not produce the permission to the Authority or inspector.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  In this regulation, permission includes an authority given under the permission and an authorisation attached to the permission.

88ZX  Notification of change in beneficial ownership

             (1)  A person commits an offence if:

                     (a)  the person is a body corporate; and

                     (b)  the body corporate is a permission holder; and

                     (c)  there is a change in the beneficial ownership of the body corporate after the permission has been granted; and

                     (d)  the person does not notify the Authority in writing of the change within 20 business days of the change occurring.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

88ZY  Conviction after permission is suspended or revoked

             (1)  A person:

                     (a)  who was the holder of a permission; and

                     (b)  who failed to comply with a condition of the permission while the permission was in force;

may be convicted of an offence for failing to comply with the condition although the permission has been revoked or has otherwise ceased to be in force.

             (2)  In this regulation, permission includes an authorisation attached to the permission.

Division 2A.10Miscellaneous

88ZZ  Prescribed circumstances

                   For subsection 38BA(5) of the Act, the following circumstances are prescribed:

                     (a)  in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which the Plan comes into operation:

                              (i)  the person engaged in conduct of the same kind, in that area, before the Plan came into operation; and

                             (ii)  permission was not required for that conduct in that area before the Plan came into operation; and

                            (iii)  that conduct does not involve fishing or collecting in that area that would otherwise require permission after the Plan comes into operation;

                     (b)  in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which an amendment of the Plan comes into operation:

                              (i)  the person engaged in conduct of the same kind, in the same area, before the amendment came into operation; and

                             (ii)  permission was not required for that conduct before the amendment came into operation; and

                            (iii)  that conduct does not involve fishing or collecting in that area that would otherwise require permission after the amendment comes into operation;

                     (c)  in respect of conduct engaged in by a person in an area covered by the Zoning Plan after the end of a period mentioned in paragraph (a) or (b):

                              (i)  the person engaged in conduct of the same kind, in that area, before the beginning of that period; and

                             (ii)  permission was not required for that conduct before the beginning of that period; and

                            (iii)  the person applied for permission to engage in the conduct during that period; and

                            (iv)  the person applied for the permission in accordance with these Regulations; and

                             (v)  the person complies with any requirement or request made by the Authority under the Act, these Regulations or the Plan in relation to the application; and

                            (vi)  the permission has not been granted or refused, and the application has not been withdrawn or lapsed.

Part 2BTUMRAs

Division 2B.1Preliminary

89A  Definitions for Part

                   In this Part:

holder, in relation to a TUMRA, means an individual:

                     (a)  who is a member of the traditional owner group covered by the TUMRA; and

                     (b)  to whom correspondence may be sent on behalf of the group.

Division 2B.2Accreditation of TUMRA

89B  Application for accreditation of TUMRA

             (1)  An individual may, on behalf of a traditional owner group, apply to the Authority for accreditation of a TUMRA that covers the group.

             (2)  The individual must be a member of the traditional owner group covered by the TUMRA.

             (3)  The application must:

                     (a)  be in the form approved by the Authority; and

                     (b)  include the information required by the form; and

                     (c)  be accompanied by a copy of the TUMRA; and

                     (d)  be accompanied by any other documents required by the form; and

                     (e)  be lodged at a place or by the means specified in the form.

             (4)  The Authority is not required to consider an application, or consider it further, if the application does not comply with the requirements of subregulation (3).

             (5)  If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (3), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:

                     (a)  that the application is incomplete; and

                     (b)  the matters that must be dealt with to complete the application.

             (6)  If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.

             (7)  Nothing in this regulation prevents a group of individuals from making a joint application for accreditation of a TUMRA under subregulation (1), but all of the individuals must be members of a traditional owner group covered by the TUMRA.

89C  Withdrawal of applications

             (1)  An application under regulation 89B for accreditation of a TUMRA may, by written notice given to the Authority, be withdrawn at any time before it is decided by the Authority.

             (2)  The notice must be signed, on behalf of the traditional owner group covered by the TUMRA, by the applicant or applicants who lodged the application, or by the authorised representative or representatives of the applicant or applicants, as the case may be.

89D  Matters to be included in TUMRA

             (1)  A TUMRA must:

                     (a)  describe the area of the Marine Park in relation to which the TUMRA is to operate; and

                     (b)  identify the traditional owners covered by the TUMRA; and

                     (c)  identify the holder of the TUMRA; and

                     (d)  include a description of the area and the traditional use of marine resources to be covered by the TUMRA, including a description of the activities proposed to be undertaken at specific locations in an area of the Marine Park; and

                     (e)  describe the animal species proposed to be harvested and, if those species include 1 or more protected species, how many specimens of each protected species is proposed to be harvested; and

                      (f)  describe the management arrangements proposed by the traditional owner group for implementation of the TUMRA, including the proposed role of the traditional owner group in ensuring compliance with the TUMRA; and

                     (g)  describe the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species; and

                     (h)  describe the process used to develop the TUMRA by the traditional owner group, including any consultation with government authorities and other interested persons.

Note for paragraphs (e) and (g):    For information about protected species, see regulation 29.

             (2)  For paragraph (1)(b), individuals may be identified by name, family, clan, traditional owner group or other means used by the group to identify members of the group.

             (3)  A TUMRA is not ineligible for accreditation only because it does not contain all of the information required by subregulation (1).

89E  Additional information

             (1)  For the purpose of assessing an application for accreditation of a TUMRA, the Authority may, in writing, request the applicant or applicants who lodged the application (the relevant applicant) to give to the Authority specified additional information or a specified additional document.

             (2)  The relevant applicant must provide the additional information or document within the period of 20 business days after the day the Authority gives the request to the relevant applicant.

             (3)  The Authority may, before the expiration of the period of 20 business days, extend the period by notice in writing given to the relevant applicant.

             (4)  The application is taken to have been withdrawn at the end of the period of 20 business days, or the longer period allowed by the Authority, as the case may be, if the relevant applicant does not provide the additional information or document.

89F  Assessment of applications for accreditation

                   In assessing an application for accreditation of a TUMRA the Authority must consider the following matters:

                     (a)  the objectives of the zone or zones in which the proposed TUMRA would apply;

                     (b)  the matters covered by the TUMRA;

                     (c)  the likely effect of accreditation of the TUMRA on future options for the Marine Park;

                     (d)  the nature and scale of the traditional use of marine resources and any conservation of natural resources undertaken in accordance with the TUMRA;

                     (e)  the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;

                      (f)  any other requirements for ensuring the orderly and proper management of the Marine Park;

                     (g)  the need to protect the cultural and heritage values held in relation to the Marine Park by traditional owners and other people;

                     (h)  the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment;

                      (i)  the likely effects of the proposed traditional use of marine resources on adjoining and adjacent areas;

                      (j)  any existing agreements or arrangements between the Authority and the traditional owner group covered by the TUMRA;

                     (k)  any legislation or government policy that applies to the proposed traditional use of marine resources;

                      (l)  any action necessary to avoid, remedy or mitigate unacceptable environmental impact that may result from the accreditation of the TUMRA;

                    (m)  any other matters relevant to the protection of the Marine Park.

Note for paragraph (e)   For information about protected species, see regulation 29.

89G  Accreditation of TUMRA

             (1)  Subject to subregulation (2), if:

                     (a)  an individual has applied for accreditation of a TUMRA in accordance with this Part; and

                     (b)  any requirement or request by the Authority about the application has been complied with;

the Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application.

Note:          Subsection 7(3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.

             (2)  The Authority must decide whether or not to accredit the TUMRA within a reasonable period after receipt of the application.

             (3)  The Authority must not decide to accredit a TUMRA unless it has:

                     (a)  made reasonable efforts to consult with a relevant representative Aboriginal and Torres Strait Islander body about whether each member of the traditional owner group covered by the TUMRA is a traditional owner in relation to the relevant part of the Marine Park covered by the TUMRA; and

                     (b)  if it has been able to so consult, considered any advice from the relevant representative Aboriginal and Torres Strait Islander body; and

                     (c)  made an assessment, or had an assessment made, of the impact that the traditional use of marine resources under the TUMRA is likely to have on the Marine Park.

             (4)  If the Authority decides not to accredit a TUMRA, the Authority must, within 10 business days of making the decision, give the holder a written notice setting out the reasons for the decision.

89H  TUMRA has no effect unless accredited

             (1)  A TUMRA has no effect in the Marine Park unless it is accredited by the Authority.

             (2)  An accreditation of a TUMRA has no effect during any period for which the accreditation is suspended but the period of the accreditation continues to run.

89I  Conditions of accreditation

             (1)  The Authority may, on or after accreditation, impose conditions on the accreditation of a TUMRA.

             (2)  If the Authority imposes conditions after accreditation, it must give the holder of the accredited TUMRA a written notice setting out:

                     (a)  the details of the conditions imposed; and

                     (b)  the reasons for imposing the conditions; and

                     (c)  the date from which the conditions take effect.

             (3)  Before imposing a condition under subregulation (2), the Authority must consult with the holder of the TUMRA.

             (4)  Any conditions imposed by the Authority must be appropriate to the attainment of the objects of the Act.

             (5)  A condition may include a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority.

89J  Certificate of accreditation

             (1)  The Authority must, within 10 business days after making a decision to accredit a TUMRA, give the holder of the TUMRA:

                     (a)  a copy of the accredited TUMRA; and

                     (b)  a certificate of accreditation.

             (2)  The certificate of accreditation:

                     (a)  must set out any conditions to which the accreditation is subject; and

                     (b)  must specify the day on which the accreditation commences; and

                     (c)  must specify the period of accreditation; and

                     (d)  may include a condition that:

                              (i)  allows the holder of the TUMRA to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the accredited TUMRA; and

                             (ii)  specifies a maximum number of persons the holder may authorise under the condition.

89K  Authorities under accreditation

             (1)  If a certificate of accreditation contains a condition of a kind mentioned in paragraph 89J(2)(d), the holder of the accredited TUMRA may give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA for such period as is specified in the authority.

             (2)  Any authority given must be given in accordance with the management arrangements under the accredited TUMRA.

             (3)  The giving of the authority must not contravene a condition of the TUMRA’s accreditation.

             (4)  If the carrying out of an activity by a person is authorised by an authority given under a certificate of accreditation:

                     (a)  the accredited TUMRA is, for the purposes of these Regulations, taken to authorise the person to carry out the activity; and

                     (b)  any conditions to which the accredited TUMRA is subject, being conditions that relate to the carrying out of that activity, apply to the carrying out of that activity by that person.

89L  Accreditation to continue in force

             (1)  If:

                     (a)  at any time before an accreditation of a TUMRA (the original accreditation) ceases to be in force, an application is made under regulation 89B for accreditation of a TUMRA that covers the same area as the accredited TUMRA; and

                     (b)  the Authority has not made a decision on the application before the expiry of the original accreditation; and

                     (c)  the application has not been withdrawn before the expiry of the original accreditation;

then the original accreditation remains in force until the first of the events mentioned in subregulation (2) occur.

             (2)  For subregulation (1), the events are as follows:

                     (a)  the application is withdrawn under regulation 89C;

                     (b)  the application is taken to have been withdrawn under subregulation 89E(4);

                     (c)  the Authority makes a decision on the application under regulation 89G.

             (3)  If an accreditation remains in force under subregulation (1), any authority issued under the accredited TUMRA is also taken to remain in force.

Division 2B.3Modification of TUMRA

89M  Application to modify TUMRA or conditions of accreditation

             (1)  The holder of an accredited TUMRA may, on behalf of the traditional owner group covered by the TUMRA, apply to the Authority for the Authority to:

                     (a)  approve a modification of the TUMRA; or

                     (b)  modify a condition of the TUMRA’s accreditation.

             (2)  The application must:

                     (a)  be in the form approved by the Authority; and

                     (b)  provide details of the decision that the holder wants the Authority to make; and

                     (c)  include, or be accompanied by, the information and documents required by the form; and

                     (d)  be lodged at a place, or by a means, specified in the form.

             (3)  The Authority is not required to consider the application, or consider it further, if the application:

                     (a)  is not in the approved form; or

                     (b)  does not provide details of the decision that the holder wants the Authority to make; or

                     (c)  does not include, or is not accompanied by, the information and documents required by the form; or

                     (d)  is not lodged at a place, or by the means, specified in the form.

             (4)  If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (2), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:

                     (a)  that the application is incomplete; and

                     (b)  the matters that must be dealt with to complete the application.

             (5)  If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.

89N  Additional information

             (1)  For the purpose of assessing an application under regulation 89M, the Authority may, in writing, request the holder of the TUMRA to give to the Authority specified additional information or a specified additional document.

             (2)  The holder must provide the additional information or document to the Authority within the period of 20 business days after the day the Authority gives the request to the holder.

             (3)  The Authority may, before the expiration of the period of 20 business days, extend the period by notice in writing given to the holder.

             (4)  The application is taken to have been withdrawn at the end of the period of 20 business days, or the longer period allowed by the Authority, as the case may be, if the holder does not provide the additional information or document.

89O  Decision on application

             (1)  If:

                     (a)  the holder has applied in accordance with regulation 89M; and

                     (b)  any requirement or request by the Authority about the application has been complied with;

the Authority must make a decision on the application.

             (2)  The Authority must make a decision within a reasonable period after receipt of the application.

             (3)  Subject to subregulation (4), the Authority must not approve the application if:

                     (a)  the Authority considers that the modification proposed in the application may have an impact on the Marine Park that was not previously considered by the Authority in relation to the TUMRA; and

                     (b)  the Authority has not made an assessment, or had an assessment made, of the impact that the proposed modification is likely to have on the Marine Park.

             (4)  After the Authority has made an assessment, or had an assessment made, the Authority may approve the application if, after considering the assessment and the matters mentioned in regulation 89F, the Authority is satisfied that it is appropriate to do so.

89P  Notice of decision

             (1)  Within 10 business days of making a decision under subregulation 89O(1) to approve the application, the Authority:

                     (a)  must give written notice of the decision to the holder of the TUMRA; and

                     (b)  may, if the Authority considers it necessary or appropriate to do so, give the holder:

                              (i)  a copy of the modified TUMRA as approved; and

                             (ii)  a new certificate of accreditation that incorporates the effect of the decision.

             (2)  The notice under paragraph (1)(a) must specify the date from which the modified TUMRA, or the modified condition of accreditation, as the case may be, takes effect.

89Q  Notice of refusal to modify TUMRA or conditions

                   If the Authority decides to refuse to approve an application made under regulation 89M, the Authority must, within 10 business days of making the decision, give the holder a written notice setting out the decision and the reasons for the decision.

Division 2B.4Modification, suspension and revocation

89R  Modification of conditions or suspension of accreditation—pending investigation

             (1)  The Authority may modify the conditions of accreditation of a TUMRA, or suspend the TUMRA’s accreditation for the purpose of conducting an investigation if the Authority has reason to believe that:

                     (a)  a person authorised by or under the TUMRA to undertake a traditional use of marine resources has not complied with:

                              (i)  the provisions of the TUMRA in relation to the use; or

                             (ii)  a condition of the TUMRA’s accreditation; or

                     (b)  damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.

             (2)  The Authority must notify the holder of the TUMRA of the modification or suspension by giving the holder a written notice.

             (3)  The notice must set out when the modification or suspension takes effect, which must not be earlier than the day the notice is given to the holder.

             (4)  The Authority must, as soon as practicable after notifying the holder, carry out the investigation.

             (5)  The Authority must complete its investigation within 20 business days after the day on which the modification or suspension commenced.

89S  Action following investigation

             (1)  If, as a result of its investigation, the Authority does not find reasonable grounds for its belief under subregulation 89R(1), it must immediately revoke the modification or suspension and, as soon as practicable after doing so, notify the holder in writing that it has removed the modification or suspension, as the case may be.

             (2)  If, as a result of its investigation, the Authority finds reasonable grounds for its belief under subregulation 89R(1) it may, no later than 10 business days after completing its investigation, continue the modification or suspension by written notice given to the holder.

             (3)  The notice must include:

                     (a)  the reasons for continuing the modification or suspension, as the case may be; and

                     (b)  the period for which the suspension is to remain in force.

             (4)  If the Authority does not continue the modification or suspension within a period of 10 business days after completing its investigation, the modification or suspension, as the case may be, ceases to have effect at the end of that period.

89T  Suspension or revocation of accreditation—general

             (1)  The Authority may, by written notice given to the holder of an accredited TUMRA, suspend or revoke the accreditation of the TUMRA if:

                     (a)  the holder of the accredited TUMRA, on behalf of the traditional owner group covered by the TUMRA, consents to the suspension or revocation; or

                     (b)  the Authority is satisfied on reasonable grounds that a person authorised by or under the TUMRA to undertake a traditional use of marine resources has not complied with:

                              (i)  the provisions of the TUMRA in relation to the use; or

                             (ii)  a condition of the TUMRA’s accreditation; or

                     (c)  the Authority has reasonable grounds for believing that if the application for accreditation of the TUMRA was being considered again, the accreditation would not have been granted because of circumstances that were not foreseen at the time the accreditation was first granted; or

                     (d)  the holder of the accredited TUMRA, or the person who applied for accreditation of the TUMRA, has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for accreditation of the TUMRA.

             (2)  The suspension or revocation takes effect:

                     (a)  on the day the Authority notifies the holder under subregulation (1) of the suspension or revocation, as the case may be; or

                     (b)  if a later day is specified in the notice—on that later day.

             (3)  Before taking action to suspend or revoke the accreditation of the TUMRA on a ground mentioned in paragraphs (1)(b) to (d), the Authority must:

                     (a)  notify the holder in writing of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending or revoking the accreditation of the TUMRA; and

                     (b)  allow the holder 10 business days from the day the Authority gives the notice to the holder to provide reasons to the Authority why the accreditation should not be suspended or revoked.

             (4)  In deciding whether to suspend or revoke the TUMRA’s accreditation the Authority must consider any reasons provided by the holder in response to a notice under subregulation (3).

Division 2B.5Termination of accredited TUMRA

89U  Termination of accredited TUMRA

             (1)  The holder of an accredited TUMRA may, on behalf of the traditional owner group covered by the TUMRA, terminate the TUMRA at any time by written notice given to the Authority.

             (2)  If the holder terminates an accredited TUMRA in accordance with subregulation (1), the accreditation of the TUMRA ceases to have effect:

                     (a)  on the day the notice is given; or

                     (b)  if a later date is specified in the notice—on that later date.

Part 3ADischarge of sewage

  

93A  Application of this Part

                   This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.

Note:          The object of Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).

93B  Interpretation of this Part

                   In this Part:

damage to a vessel or its equipment does not include:

                     (a)  deterioration resulting from failure to maintain the vessel or equipment; or

                     (b)  defects that develop during the normal operation of the vessel or equipment.

Grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 7 to the Transport Operations (Marine Pollution) Regulation 2008 of Queensland.

Note:          The standards for Grade A treated sewage are the implementation of Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.

Grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 7 to the Transport Operations (Marine Pollution) Regulation 2008 of Queensland.

Grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 7 to the Transport Operations (Marine Pollution) Regulation 2008 of Queensland.

Note:          The standards are:

                   For Grade A treated sewage

                   Thermotolerant coliforms—the relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 250 thermotolerant coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.

                   Suspended solids—the relevant level of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50 mg/L above the suspended solids content of ambient water used for flushing purposes.

                   Biochemical oxygen demand—the relevant level of the 5 day biochemical oxygen demand of the samples of treated sewage taken during the test period must not be more than 50 mg/L.

                   For Grade B treated sewage

                   Thermotolerant coliforms—the relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 150 thermotolerant coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.

                   Suspended solids—the relevant level of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50 mg/L above the suspended solids content of ambient water used for flushing purposes.

                   For Grade C treated sewage

                   Thermotolerant coliforms—the relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 150 thermotolerant coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.

reef includes bommie fields, reef slopes, moats and ramparts.

sewage has the meaning given by Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

93C  Discharge of sewage generally

             (1)  A person is guilty of an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct causes the discharge of sewage in, or into, the Marine Park; and

                     (c)  the person:

                              (i)  is reckless as to whether sewage will be discharged in, or into, the Marine Park; or

                             (ii)  is negligent as to whether sewage will be discharged in, or into, the Marine Park

                            otherwise than as authorised by regulation 93D or 93E.

Penalty:  50 penalty units.

             (2)  For subregulation (1):

engage in conduct has the same meaning as in the Criminal Code.

             (3)  Subregulation (1) does not apply if the sewage is discharged in a zone and the person holds any necessary permission required under the Zoning Plan to authorise such a discharge of sewage in the zone.

             (4)  However, it is a defence to a prosecution under subregulation (1) if the sewage is discharged from a vessel or aircraft:

                     (a)  because of accidental damage to the vessel or aircraft and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or

                     (b)  for the purpose of saving life at sea or securing the safety of the vessel or aircraft.

Note:          A defendant bears an evidential burden in relation to matters in subregulation (4)—see Criminal Code, subsection 13.3(3).

93D  Discharge of untreated sewage from vessels

             (1)  Subject to regulation 93F, the master of a vessel that has 15 or fewer persons on board may allow untreated sewage to be discharged from the vessel in the Marine Park if:

                     (a)  the vessel does not have a fixed toilet; or

                     (b)  where the vessel has a fixed toilet, the sewage has been reduced to a fine slurry.

             (2)  Subject to regulation 93F, the master of a vessel that has 16 or more persons on board may allow untreated sewage to be discharged from the vessel in the Marine Park if:

                     (a)  the vessel has a fixed toilet; and

                     (b)  the sewage has been reduced to a fine slurry; and

                     (c)  the sewage is discharged more than 1 nautical mile seawards of:

                              (i)  the seaward edge of the nearest reef; and

                             (ii)  the low water mark of the nearest island or the mainland.

93E  Discharge of treated sewage from vessels

                   The master of a vessel may allow treated sewage to be discharged from the vessel in the Marine Park if:

                     (a)  the sewage complies with the standard in subregulation 135(3); or

                     (b)  subject to subregulation 93F(1), the sewage is Grade A treated sewage; or

                     (c)  subject to subregulation 93F(1), the sewage is Grade B treated sewage and the vessel is:

                              (i)  more than 700 metres seawards of the seaward edge of the nearest reef; and

                             (ii)  more than 700 metres from the seaward edge of any aquaculture operation; and

                            (iii)  more than 700 metres from any person in the water; or

                     (d)  subject to subregulation 93F(1), the sewage is Grade C treated sewage and the vessel is:

                              (i)  more than 0.5 of a nautical mile seawards of the seaward edge of the nearest reef; and

                             (ii)  more than 0.5 of a nautical mile from the seaward edge of any aquaculture operation; and

                            (iii)  more than 0.5 of a nautical mile from any person in the water.

93F  Discharge of sewage from vessels generally

             (1)  Regulation 93D and paragraphs 93E(b), (c) and (d) are not taken to authorise sewage to be discharged from a vessel in the Marine Park if the vessel is inside a boat harbour, canal or marina.

             (2)  Regulation 93D is not taken to authorise untreated sewage to be discharged from a vessel in the Marine Park if the vessel is less than 1 nautical mile from the seaward edge of an aquaculture operation.

93G  Discharge in prescribed circumstances

                   For subsection 38DD(6) of the Act, the circumstances set out in regulations 93D and 93E are prescribed.

Part 4General

  

94  Removal of property

             (1)  The Authority may, in writing, order a responsible person:

                     (a)  to remove property from the Marine Park if the property has been abandoned, sunk or wrecked; or

                     (b)  to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or

                     (c)  to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or

                     (d)  to remove property from the Marine Park that may cause damage to the Marine Park.

             (2)  The order must be served on the responsible person personally or by prepaid mail.

             (3)  If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subregulation (4):

                     (a)  on its website; and

                     (b)  in a daily newspaper that is circulated in the State of Queensland.

             (4)  The notice must:

                     (a)  describe the property; and

                     (b)  identify, as appropriate:

                              (i)  the place where the property is located (as accurately as practicable); or

                             (ii)  the person from whom the property can be recovered; and

                     (c)  order the responsible person:

                              (i)  to remove the property from the Marine Park within a reasonable period specified in the order; or

                             (ii)  to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and

                     (d)  state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.

             (5)  In this regulation, responsible person means:

                     (a)  the person who last held a permission under Part 2A for an activity that involves the property; or

                     (b)  the owner of the property; or

                     (c)  the person who has control of the property; or

                     (d)  the person who caused the property to be in the Marine Park.

             (6)  An order under subregulation (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.

95  Certain animals not to be taken onto Commonwealth islands

             (1)  A person must not:

                     (a)  take a living terrestrial animal onto an island, or part of an island, that is:

                              (i)  owned by the Commonwealth; and

                             (ii)  within the Marine Park; or

                     (b)  allow a living terrestrial animal to enter upon an island, or part of an island, that is:

                              (i)  owned by the Commonwealth; and

                             (ii)  within the Marine Park.

Penalty:  50 penalty units.

             (2)  However, it is a defence to a prosecution under subregulation (1) if:

                     (a)  the person is a blind person and the animal is the person’s guide dog; or

                     (b)  the person has a hearing impairment and the animal is the person’s guide dog or hearing dog; or

                     (c)  the person has the written permission of the Authority to take the animal onto, or allow the animal to enter upon, the island or part of an island.

Note:          A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

             (3)  An offence against subregulation (1) is an offence of strict liability.

101  Littering prohibited

             (1)  A person must not deposit litter in the Marine Park.

Penalty:  50 penalty units.

             (2)  An offence under subregulation (1) is an offence of strict liability.

101A  Mooring buoy must display mooring reference number

             (1)  In this regulation:

mooring reference number means, for a permitted mooring:

                     (a)  the unique number, or alphanumeric code, issued by the Authority in relation to the permitted mooring for display on the mooring buoy; or

                     (b)  if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2004 of Queensland—the unique identifying number for the buoy mooring mentioned in paragraph 213(a) of that Regulation.

             (2)  The holder of the permission for a permitted mooring is guilty of an offence if the mooring reference number is not permanently and legibly displayed on the mooring buoy.

Penalty:  15 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

102  Public mooring and public infrastructure not to be removed, misused or damaged

Public mooring

             (1)  A person commits an offence of strict liability if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct results in:

                              (i)  the removal of a public mooring; or

                             (ii)  the misuse of a public mooring; or

                            (iii)  damage to a public mooring.

Penalty:  50 penalty units.

Note 1:       For the definition of public mooring, see subregulation 3(1).

Note 2:       For offences of strict liability, see subsection 6.1(1) of the Criminal Code.

             (2)  A responsible person for a vessel commits an offence of strict liability if:

                     (a)  a person on the vessel engages in conduct; and

                     (b)  the conduct results in:

                              (i)  the removal of a public mooring; or

                             (ii)  the misuse of a public mooring; or

                            (iii)  damage to a public mooring.

Penalty:  50 penalty units.

Public infrastructure

             (3)  A person commits an offence of strict liability if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct results in:

                              (i)  the removal of public infrastructure; or

                             (ii)  the misuse of public infrastructure; or

                            (iii)  damage to public infrastructure.

Penalty:  50 penalty units.

Note 1:       For the definition of public infrastructure, see subregulation 3(1).

Note 2:       For offences of strict liability, see subsection 6.1(1) of the Criminal Code.

             (4)  A responsible person for a vessel commits an offence of strict liability if:

                     (a)  a person on the vessel engages in conduct; and

                     (b)  the conduct results in:

                              (i)  the removal of public infrastructure; or

                             (ii)  the misuse of public infrastructure; or

                            (iii)  damage to public infrastructure.

Penalty:  50 penalty units.

             (5)  In this regulation:

misuse of a public mooring includes the following:

                     (a)  attaching a vessel to the mooring by attaching the mooring tackle to a part of the vessel other than to its bow;

                     (b)  attaching a vessel to the mooring when another vessel is already attached to the mooring;

                     (c)  attaching a vessel (except a tender) to another vessel when that other vessel is attached to a mooring;

                     (d)  attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;

                     (e)  if a vessel is attached to the mooring for the maximum period of time specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of the maximum period of time;

                      (f)  claiming to be the owner of the mooring or falsely claiming to have a preferential right to the use of the mooring;

                     (g)  altering or moving the mooring;

                     (h)  shortening a mooring rope attached to the mooring;

                      (i)  manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);

                      (j)  if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.

Note:          The following are examples for paragraph (j):

(a)    a vessel attached to the mooring is over the maximum vessel length limit specified on the mooring’s tag or buoy;

(b)    a vessel has been attached to the mooring for longer than the maximum period of time specified on the mooring’s tag or buoy;

(c)    a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the mooring’s tag or buoy.

misuse of public infrastructure includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.

responsible person, for a vessel, includes:

                     (a)  the master of the vessel; and

                     (b)  the person in charge of the vessel.

             (6)  In this regulation, a reference to instructions on a tag or buoy is a reference only to instructions specified or included on the tag or buoy:

                     (a)  by or for the Authority; or

                     (b)  by or for the agency in which the Marine Parks Act 2004 (Qld) is administered.

103  Persons shall not furnish false information

             (1)  Where:

                     (a)  a permission has been granted to a person under these Regulations; and

                     (b)  that person is convicted of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the application for that permission;

the Authority may, by notice in writing given to that person, revoke that permission.

             (2)  Subregulation (1) applies to an application for an authorisation as if references in that subregulation to a permission were references to an authorisation.

             (3)  Subregulation (1) applies to an application for accreditation of a TUMRA as if references in that subregulation to a permission were references to the accreditation of the TUMRA.

Part 4AARegister

  

114  Register

             (1)  The Authority may keep a register of permissions and related information.

             (2)  The register may be kept:

                     (a)  solely in electronic form; or

                     (b)  in any form that the Authority decides.

             (3)  The register may include copies of, and information in relation to, the following:

                     (a)  applications, including variations of applications, for a permission or for the transfer or modification of a permission;

                     (b)  further particulars in relation to an application mentioned in paragraph (a);

                     (c)  decisions of the Authority about the grant, refusal, revocation, suspension, transfer or modification of a permission;

                     (d)  decisions of the Authority under regulation 186;

                     (e)  statements of reasons given for decisions mentioned in paragraphs (c) and (d);

                      (f)  permissions;

                     (g)  notices relating to a matter mentioned in any of paragraphs (a) to (f);

                     (h)  any other document or record that the Authority considers appropriate.

             (4)  For this regulation:

                     (a)  permission includes:

                              (i)  an approval, authorisation, authority, exemption, licence, permit or other permission (however described and whether in force or not) relating to the Marine Park; and

                             (ii)  an accredited TUMRA; and

                     (b)  without limiting paragraph (a), a permission is taken to relate to the Marine Park if it relates to:

                              (i)  the use or management of an area (which may be a Queensland national park or a Queensland marine park) the use or management of which would or might affect the Marine Park; or

                             (ii)  the use of a place outside the Marine Park for a purpose relating to the Marine Park.

115  Access to register

             (1)  The Authority must show the register to any person who asks to see it at the Authority’s office when the office is open.

             (2)  The register may be made available for inspection on the Internet.

116  Public to be given copies of documents

             (1)  The Authority must give a copy of a document or information that is in the register to anybody who asks for it and pays the fee mentioned in regulation 133A.

             (3)  If the register is kept in electronic form, the Authority is taken to have given a copy of a document or information that is in the register if the Authority gives a printout of the document or information.

Part 4ABReporting requirements

  

116A  Great Barrier Reef Outlook Report

             (1)  For paragraph 54(3)(i) of the Act, an assessment of the heritage values of the Great Barrier Reef Region is prescribed as a matter that must be contained in the Great Barrier Reef Outlook Report.

             (2)  An assessment of the heritage values, of the Great Barrier Reef Region, includes the following:

                     (a)  an assessment of the current heritage values of the region;

                     (b)  an assessment of the risks to the heritage values of the region;

                     (c)  an assessment of the current resilience of the heritage values of the region;

                     (d)  an assessment of the existing measures to protect and manage the heritage values of the region;

                     (e)  an assessment of the factors influencing the current and projected future heritage values of the region;

                      (f)  an assessment of the long‑term outlook for the heritage values of the region.

             (3)  In this regulation:

heritage values, of the Great Barrier Reef Region, include the following values for the region:

                     (a)  the Commonwealth Heritage values;

                     (b)  the heritage values;

                     (c)  the indigenous heritage values;

                     (d)  the National Heritage values;

                     (e)  the world heritage values.

Part 4AInteracting with cetaceans

117A  Definitions for Part 4A

                   In this Part:

calf, for a cetacean, means an animal not more than half the length of an adult of the species.

caution zone, for a cetacean, means an area around the cetacean with a radius of:

(a) for a dolphin—150 metres; and

(b) for a whale—300 metres.

cetacean means an animal of the Suborder Mysticeti or Odontoceti of the Order Cetacea.

dolphin means a member of the family Delphinidae or the family Phocoenidae.

prohibited vessel means any of the following:

                     (a)  a jet ski;

                     (b)  a parasail;

                     (c)  a hovercraft;

                     (d)  a hydrofoil;

                     (e)  a wing‑in‑ground‑effect craft;

                      (f)  a motorised diving aid (for example, a motorised underwater scooter).

swimming‑with‑whales activity means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:

                     (a)  using an aircraft or vessel to find cetaceans for that purpose; and

                     (b)  placing tourists in the water for that purpose.

whale means a cetacean other than a dolphin.

whale protection area means a whale protection area in Part 2 of Schedule 2.

whale watching activity means an activity (other than a swimming‑with‑whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.

117B  Application of Part 4A

             (1)  A provision of this Part applies to a person, and to activities conducted by a person, in the Marine Park.

             (2)  The provision applies subject to any exemption that the person may have under regulation 117K.

117C  Offences in this Part

                   A person does not contravene a provision of this Part only because the person is undertaking:

                     (a)  an activity mentioned in paragraph 231(c), (d),(e) or (f) of the Environment Protection and Biodiversity Conservation Act 1999; or

                     (b)  an activity mentioned in paragraph 231(a), (b) or (h) of the Environment Protection and Biodiversity Conservation Act 1999 and the activity could not be undertaken at a time or in a way to avoid contravening the provision.

117D  Prohibited vessel

             (1)  This regulation applies to a person who is operating a prohibited vessel in the Marine Park.

             (2)  A prohibited vessel must not approach closer than 300 metres to a cetacean.

             (3)  A prohibited vessel must move at a constant speed of less than 6 knots away from a cetacean that is approaching so that the vessel remains at least 300 metres away from the cetacean.

Note:          A boat travelling at a speed that is the equivalent of a brisk walking pace is not exceeding 6 knots.

             (4)  A prohibited vessel must not be used for a whale watching activity or a swimming‑with‑whales activity.

             (5)  If a prohibited vessel is operated in a way that contravenes subregulation (2), (3) or (4), the person operating the vessel is guilty of an offence.

Penalty:  50 penalty units.

             (6)  An offence under subregulation (5) is an offence of strict liability.

117E  Other craft—adult cetaceans

             (1)  This regulation applies:

                     (a)  to a person who is operating a vessel that is not a prohibited vessel in the Marine Park; and

                     (b)  in relation to cetaceans other than calves; and

                     (c)  subject to regulation 117JB.

Note:          Regulation 117F contains special provisions for calves and regulation 117JB contains special provisions for whale protection areas.

             (2)  Within the caution zone for a cetacean to which this regulation applies, the person must:

                     (a)  operate the vessel at a constant speed of less than 6 knots and minimise noise; and

                     (b)  make sure the vessel does not drift or approach closer to the cetacean than:

                              (i)  for a dolphin—50 metres; or

                             (ii)  for a whale—100 metres; and

                     (c)  if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots; and

                     (d)  if there is more than 1 person on the vessel, post a lookout for cetaceans; and

                     (e)  subject to paragraph (b), approach the cetacean only:

                              (i)  from the rear, no closer than 30 degrees to its observed direction of travel; or

                             (ii)  by positioning the vessel ahead of the cetacean at more than 30 degrees from its observed direction of travel; and

                      (f)  make sure the vessel does not restrict the path of the cetacean; and

                     (g)  make sure the vessel is not used to pursue the cetacean.

Penalty:  50 penalty units.

Note:          If a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b), subregulations (4) and (5) apply.

             (3)  The person must not enter the caution zone of a cetacean to whom this regulation applies if there are already 3 vessels in the caution zone.

Penalty:  50 penalty units.

             (4)  If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must:

                     (a)  disengage the gears and let the whale approach; or

                     (b)  reduce the speed of the vessel and continue on a course away from the whale.

Penalty:  50 penalty units.

             (5)  If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.

Penalty:  50 penalty units.

             (6)  It is a defence to an offence against paragraph (2)(b) that the cetacean has approached the vessel.

             (7)  An offence under subregulation (2), (3), (4) or (5) is an offence of strict liability.

117F  Other craft—calves

             (1)  This regulation applies to a person who is operating a vessel that is not a prohibited vessel in the Marine Park.

             (2)  The person must not allow the vessel to enter the caution zone of a calf.

Penalty:  50 penalty units.

             (3)  If a calf appears within an area that means the vessel is then within the caution zone of the calf, the person:

                     (a)  must immediately stop the vessel; and

                     (b)  must:

                              (i)  turn off the vessel’s engines; or

                             (ii)  disengage the gears; or

                            (iii)  withdraw the vessel from the caution zone at a constant speed of less than 6 knots.

Penalty:  50 penalty units.

             (4)  It is a defence to an offence against subregulation (2) that the calf has approached the vessel.

             (5)  An offence under subregulation (2) or (3) is an offence of strict liability.

117G  Aircraft

             (1)  This regulation applies to a person who is operating an aircraft in the Marine Park.

             (2)  The person:

                     (a)  must not operate the aircraft (other than a helicopter or gyrocopter) at a height lower than 1 000 feet within a horizontal radius of 300 metres of a cetacean; and

                     (b)  must not operate a helicopter or gyrocopter at a height lower than 1650 feet or within a horizontal radius of 500 metres of a cetacean; and

                     (c)  must not allow the aircraft to approach a cetacean from head on; and

                     (d)  if the aircraft can land on water, must not land the aircraft on water so that the aircraft comes within the radius of a cetacean mentioned in paragraph (b).

Penalty:  50 penalty units.

             (3)  An offence under subregulation (2) is an offence of strict liability.

117H  Feeding

             (1)  A person must not feed or attempt to feed a cetacean in the Marine Park.

Penalty:  50 penalty units.

             (2)  An offence under subregulation (1) is an offence of strict liability.

             (3)  Subregulation (1) does not apply to the routine discarding of bycatch by a commercial fisher if he or she makes reasonable efforts to avoid discarding bycatch near a cetacean.

             (4)  For subregulation (1), feed includes to throw food or rubbish into the water near a cetacean.

117I  Touching and sudden movements

             (1)  A person in the Marine Park must not:

                     (a)  touch a cetacean; or

                     (b)  make sudden movements within 2 metres of a cetacean.

Penalty:  50 penalty units.

             (2)  An offence under subregulation (1) is an offence of strict liability.

117J  Swimming with cetaceans

             (1)  This regulation applies to a person who is entering the water, or in the water, in the Marine Park.

             (2)  The person must not enter the water within 100 metres of a whale or within 50 metres of a dolphin.

Penalty:  50 penalty units.

             (3)  The person must not, while in the water, approach within 30 metres of a cetacean.

Penalty:  50 penalty units.

             (4)  If a cetacean comes within 30 metres of a person in the water, the person:

                     (a)  must move slowly to avoid startling the cetacean; and

                     (b)  must not touch the cetacean or swim towards it.

Penalty:  50 penalty units.

             (5)  An offence under subregulation (3) or (4) is an offence of strict liability.

117JA  Conducting swimming‑with‑whales activities without permission

             (1)  A person must not conduct a tourist program in the Marine Park that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales unless the person holds a permission to conduct that activity.

Penalty:  50 penalty units.

             (2)  An offence under subregulation (1) is an offence of strict liability.

117JB  Protection of whales in whale protection area

             (1)  A person must not operate a vessel to approach within 300 metres of a whale in a whale protection area.

Penalty:  50 penalty units.

             (2)  A person must not operate a vessel in a whale protection area as a tourist program, or part of a tourist program, to conduct:

                     (a)  a whale watching activity; or

                     (b)  a swimming‑with‑whales activity.

Penalty:  50 penalty units.

             (3)  An offence under subregulation (1) or (2) is an offence of strict liability.

117K  Exemption regarding application of this Part

             (1)  Subject to subregulation (1A), if a person holds a permission:

                     (a)  to undertake research in relation to cetaceans; or

                     (b)  to undertake photography, filming or sound recording of cetaceans; or

                     (c)  to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity; or

                     (d)  to operate a vessel (other than a prohibited vessel) or aircraft in the Marine Park;

the Authority may, on application under regulation 117L, give a written exemption from any or all of the provisions of this Part to:

                     (e)  the person; or

                      (f)  in the case of a person who holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity—the person and any tourist undertaking the tourist program.

          (1A)  An exemption may not be given:

                     (a)  from regulation 117B; or

                     (b)  to the holder of a permission, or to a tourist, mentioned in paragraph (1)(f) in relation to a whale protection area.

             (2)  The exemption may provide that it only applies in the circumstances and subject to the conditions set out in the exemption.

             (3)  The Authority may, by written notice to the holder of the exemption, vary, add or reduce the conditions attaching to an exemption.

             (4)  The Authority may give an exemption under paragraph (1)(d) only in order to allow use of a vessel or aircraft in support of activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c).

             (5)  If an exemption is issued to the holder of a permission to operate a vessel or aircraft in support of activities mentioned in paragraph (1)(a), (b) or (c), the exemption is only of effect while the vessel or aircraft is operating in support of those activities in the Marine Park.

             (6)  An exemption given under this regulation:

                     (a)  does not continue in force when the permission to which it relates is not in force; and

                     (b)  is in force only for the period specified in the exemption; and

                     (c)  if applying to a tourist (see paragraph (1)(f)), only applies to the tourist while the tourist is participating in the tourist program.

             (7)  In this regulation, holder of an exemption means a person who:

                     (a)  holds a permission; and

                     (b)  is granted an exemption under subregulation (1).

117L  Application for exemption

             (1)  An application to the Authority for an exemption under subregulation 117K(1) must be made by:

                     (a)  the holder of the permission; or

                     (b)  if a person has applied for a permission of a kind mentioned in subregulation 117K(1) and the Authority has not made a decision on the application—the prospective holder.

             (2)  The application must contain the following information:

                     (a)  the name and address of the holder or prospective holder making the application;

                     (b)  contact details for the holder or prospective holder, including telephone number, facsimile number and e‑mail address;

                     (c)  the location of the area to be used by the holder or prospective holder for the permission activities, including the name of any shoal, reef or island on or near which the use is proposed to take place;

                     (d)  the period for which the exemption is sought;

                     (e)  any other information concerning the application that the Authority requires and has asked the holder or prospective holder to provide.

             (3)  If a vessel or aircraft is to be used in support of activities authorised by a permission mentioned in paragraph 117K(1)(a), (b) or (c), the application must also contain:

                     (a)  the name of the person who holds, or has applied to hold, the permission to operate the vessel or aircraft; and

                     (b)  the permission number or (if no permission has been issued) the permission application registration number.

             (4)  If the application is for an exemption under paragraph 117K(1)(d), it must also contain the following information:

                     (a)  if the holder or prospective holder has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted a permission mentioned in paragraph 117K(1)(a), (b) or (c)—the number of the relevant permission or, if no permission has been issued, the permission application registration number and the name of the holder or prospective holder;

                     (b)  if the holder or prospective holder operates a vessel—the name of the vessel, unique identifying features of the vessel, its registration code or number and the authority with which it is registered;

                     (c)  if the holder or prospective holder operates an aircraft—the type of aircraft and its registration mark.

             (5)  Subject to paragraph (2)(e), an application under this regulation is not invalid only because it does not include all of the information required.

             (6)  In considering an application for an exemption under regulation 117K, the Authority is to take into account:

                     (a)  the need for orderly and proper management of the Marine Park; and

                     (b)  if the application is for an exemption under paragraph 117K(1)(d)—whether the applicant has been engaged to operate the vessel or aircraft mentioned in the application on behalf of a person who has been granted a permission of the type mentioned in paragraph 117K(1)(a), (b) or (c); and

                     (c)  any charge, collected amount or penalty amount owed to the Authority that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

                     (d)  any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force).

Part 5Compulsory pilotage

  

118  Compulsory pilotage area

             (1)  For the definition of compulsory pilotage area in subsection 3(1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:

                     (a)  the inner route described in subregulation (2);

                     (b)  Hydrographer’s Passage (described in subregulation (3));

                     (c)  the Whitsundays compulsory pilotage area described in subregulation (4).

             (2)  The inner route is the waters bounded by:

                     (a)  the Australian mainland; and

                     (b)  the outer eastern edge of the Great Barrier Reef; and

                     (c)  the northern boundary of the Great Barrier Reef Region; and

                     (d)  the parallel 16º 39.91′ S.

             (3)  Hydrographer’s Passage is the area bounded by a line that progressively joins, on geodesic lines, the following points:

 

Item

Latitude

Longitude

1

20º 39.11′ S

149º 49.36′ E

2

20º 35.91′ S

150º 07.36′ E

3

20º 28.31′ S

150º 18.06′ E

4

20º 02.91′ S

150º 03.06′ E

5

19º 54.91′ S

150º 16.56′ E

6

19º 39.91′ S

150º 10.56′ E

7

19º 50.91′ S

150º 33.06′ E

8

20º 01.41′ S

150º 25.86′ E

9

20º 06.91′ S

150º 17.26′ E

10

20º 19.91′ S

150º 27.06′ E

11

20º 32.91′ S

150º 27.06′ E

12

20º 41.51′ S

150º 11.66′ E

13

20º 54.41′ S

150º 01.96′ E

14

20º 39.11′ S

149º 49.36′ E.

             (4)  The Whitsundays compulsory pilotage area is the area bounded by a line that begins at the northernmost point of Cape Gloucester at low water, at about 20º 03.94′ S, 148º 27.51′ E, and continues progressively:

                     (a)  on geodesic lines to the following points:

 

Item

Latitude

Longitude

 

1

19º 58.02′ S

148º 18.60′ E