Statutory Rules 1989 No. 3671

Great Barrier Reef Marine Park

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Great Barrier Reef Marine Park Act 1975.

Dated 14 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Graham Richardson

Minister of State for the Arts, Sport, the Environment, Tourism and Territories

Commencement

1. These Regulations commence on 1 January 1990.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Great Barrier Reef Marine Park Regulations.

Interpretation

3. Regulation 4 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) the definition of “prescribed activity” and substituting the following definition:

“ ‘prescribed activity’ means an activity in the unzoned area that is an activity referred to in paragraph 38f (1) (a), (b), (c), (d), (e), (f), (g) or (h) of the Act;”;

(S.R. 421/89)–Cat. No. 14/6.12.1989

(b) by omitting from subregulation (1) the definition of “relevant permission” and substituting the following definition:

“ ‘relevant permission’ means a permission required under a provision of a zoning plan with respect to the purposes for which a zone may be used or entered;”;

4. After regulation 4 of the Principal Regulations the following Part is inserted:

“PART 1a—ZONED AREAS—USE OR ENTRY

Permission requirements to be observed—zoned area

“5. (1) A permission granted under regulation 11 or 13af is declared to be a permission to which section 38b of the Act applies.

“(2) For the purposes of subsection 38b (2) of the Act, the following circumstances are prescribed:

(a) in respect of conduct engaged in by a person during the period of 120 days after the day on which the zoning plan concerned comes into operation—circumstances in which the person engages in conduct of the same kind as conduct engaged in by the person before that zoning plan came into operation; and

(b) in respect of conduct engaged in by a person during the period of 120 days after the day on which an amendment of the zoning plan concerned comes into operation—circumstances in which the person engages in conduct of the same kind as conduct engaged in by the person before the amendment of that zoning plan came into operation; and

(c) in respect of conduct engaged in by a person after the end of the period referred to in paragraph (a) or (b) where the person applied during that period for a permission of a kind referred to in subregulation (1), being conduct engaged in before the application is granted, refused or withdrawn or lapses under subregulation 10 (2) or 13ae (2) or regulation 32—circumstances in which:

(i) the person engages in conduct of the same kind as conduct engaged in by the person before the person applied for the permission; and

(ii) the person applied in accordance with these Regulations for the permission; and

(iii) the person complies with any requirement or request made by the Authority under the Act, these Regulations or a zoning plan in relation to the application.

Contravening directions—zoned area

“5a. (1) Where a person notifies the Authority in accordance with section 38d of the Act that the person proposes to use or enter a zone, the Authority may give a direction to the person:

(a) that is in respect of the person’s use of, or entry to, the zone; and

(b) that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and

(c) that does not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.

“(2) A direction given under subregulation (1) is declared to be a direction to which section 38e of the Act applies.”.

Provisions giving effect to certain provisions contained in a zoning plan

5. Regulation 6 of the Principal Regulations is amended by adding at the end the following subregulation:

“(6) Where a provision of a zoning plan provides for the responsible agency to perform a function, the Authority has that function.”.

Use of, or entry into, a zone with the permission of the Authority

6. Regulation 7 of the Principal Regulations is amended by omitting subregulation (1).

Repeal

7. Regulations 8, 13, 13ah and 13a of the Principal Regulations are repealed.

Grant or refusal of permission—unzoned area

8. Regulation 13f of the Principal Regulations is amended:

(a) by inserting in paragraph (1) (a) “authorising the person to carry on the activity” after “in writing”;

(b) by adding at the end the following subregulation:

“(4) A permission granted under subregulation (1) is declared to be a permission to which section 38f of the Act applies.”.

Removal of property

9. Regulation 13g of the Principal Regulations is amended:

(a) by omitting subregulation (2) and substituting the following subregulations:

“(2) Where after 31 December 1989:

(a) a person causes to be in, or partly in, the Marine Park any property being a structure, landing area, farming facility, vessel, aircraft or other thing; and

(b) the person has not been granted a relevant permission or a permission under subregulation 13f (1) in relation to that property;

the Authority may order the person to remove that property from the Park.

“(2a) An order under subregulation (1) or (2) is declared to be an order to which section 38h of the Act applies.”:

(b) by omitting from the definition of “prescribed property” in subregulation (3) “or vessel” and substituting “, vessel or aircraft”.

Repeal

10. Regulation 15 of the Principal Regulations is repealed.

Application for permission to discharge waste

11. Regulation 15a of the Principal Regulations is amended by omitting from subregulation (1) “under regulation 15” and substituting “to discharge waste in the Marine Park, being a discharge to which section 38j of the Act applies,”.

Advertising an application

12. Regulation 15b of the Principal Regulations is amended:

(a) by inserting in subregulation (1) “made under regulation 15a” after “an application”;

(b) by omitting from subregulation (1) “under regulation 15”.

Further particulars in relation to an application

13. Regulation 15c of the Principal Regulations is amended:

(a) by inserting in subregulation (1) “made under regulation 15a” after “an application”;

(b) by omitting from subregulation (1) “under regulation 15”.

Grant or refusal of permission

14. Regulation 15d of the Principal Regulations is amended:

(a) by inserting in subregulation (1) “made under regulation 15a” after “an application”;

(b) by omitting from subregulation (1) “under regulation 15”;

(d) by adding at the end the following subregulation:

“(4) A permission granted under subregulation (1) is declared to be a permission to which section 38j of the Act applies.”.

Repeal

15. Regulations 19a and 19b of the Principal Regulations are repealed.

Permission deemed to remain in force

16. Regulation 19d of the Principal Regulations is amended by inserting in subregulation (2) “or given for the purposes of regulation 13fa” after “15d (1)”.

Suspension of permission

17. Regulation 20 of the Principal Regulations is amended by omitting from subregulation (1) and paragraph (1a) (a) “for the purposes of regulation 15” and substituting “under regulation 15d”.

Revocation of permission

18. Regulation 21 of the Principal Regulations is amended by omitting from paragraphs (1) (a) and (1a) (a) “for the purposes of regulation 15” and substituting “under regulation 15d”.

Reconsideration and review of decisions of Authority

19. Regulation 22 of the Principal Regulations is amended by omitting “15, 18” (wherever occurring) and substituting “15d”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169; 1986 No. 1; 1987 No. 247; 1988 No. 185; 1989 No. 269.

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