Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4)1
Statutory Rules 2001 No. 3072
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier Reef Marine Park Act 1975.
Dated 8 October 2001
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
ROBERT HILL
Minister for the Environment and Heritage

Contents
	1	Name of Regulations	2
	2	Commencement	2
	3	Amendment of Great Barrier Reef Marine Park Regulations 1983	2
Schedule 1	Amendments commencing on gazettal	3
Schedule 2	Amendments commencing on 1 January 2004	5

1	Name of Regulations
		These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4).
2	Commencement
		These Regulations commence as follows:
	(a)	on gazettal — regulations 1 to 3 and Schedule 1;
	(b)	on 1 January 2004 — Schedule 2.
3	Amendment of Great Barrier Reef Marine Park Regulations 1983
		Schedules 1 and 2 amend the Great Barrier Reef Marine Park Regulations 1983.

Schedule 1	Amendments commencing on gazettal
(regulation 3)
[1]	Subregulation 45A (2), note
substitute
Note 1   A defendant bears an evidential burden for matters in subregulation (2) — see Criminal Code, subsection 13.3 (3).
Note 2   In accordance with the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4), on 1 January 2004 subparagraphs (2) (a) (i) to (iii) will be replaced with the following subparagraphs:
‘(i)	that is surveyed to carry up to 6 passengers; or
(ii)	that is more than 1 000 metres seawards of the mean low water mark of an island or the mainland; or
(iii)	that is more than 1 000 metres seawards of the seaward edge of the nearest reef; or
(iv)	if the sewage has received tertiary treatment before it is discharged; or
(v)	if the discharge was for the purpose of saving life at sea or securing the safety of the vessel or aircraft; or’.
[2]	Subregulation 45A (3), at the foot
insert
Note   In accordance with the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4), on 1 January 2004 the following subregulation will be added: 
‘(4)	For subparagraph (2) (a) (iv), sewage is taken to have received tertiary treatment if the effluent discharge complies with the standards mentioned in subregulation 74 (3).’.
[3]	After regulation 45A
insert
45B	Discharge of sewage from vessel in Cairns Section
		A provision of the zoning plan for the Cairns Section that deals with discharge of waste from a facility is not taken to deal with discharge of sewage from a vessel.
[4]	Paragraphs 67 (4) (a) and (5) (a)
after
Environment Protection (Impact of Proposals) Act 1974
insert
or the Environment Protection and Biodiversity Conservation Act 1999
[5]	Paragraph 74 (3) (g)
omit
litre.
insert
litre;
[6]	After paragraph 74 (3) (g)
insert
	(h)	total oil and grease content is less than 10 mg/litre;
	(i)	the effluent does not produce a slick or any other visible evidence of oil or grease;
	(j)	if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.

Schedule 2	Amendments commencing on 1 January 2004
(regulation 3)
[1]	Subparagraphs 45A (2) (a) (i) to (iii)
substitute
	(i)	that is surveyed to carry up to 6 passengers; or
	(ii)	that is more than 1 000 metres seawards of the mean low water mark of an island or the mainland; or
	(iii)	that is more than 1 000 metres seawards of the seaward edge of the nearest reef; or
	(iv)	if the sewage has received tertiary treatment before it is discharged; or
	(v)	if the discharge was for the purpose of saving life at sea or securing the safety of the vessel or aircraft; or
[2]	Subregulation 45A (2), notes 1 and 2
substitute
Note   A defendant bears an evidential burden for matters in subregulation (2) — see Criminal Code, subsection 13.3 (3).
[3]	Subregulation 45A (3), note
omit
[4]	After subregulation 45A (3)
insert
	(4)	For subparagraph (2) (a) (iv), sewage is taken to have received tertiary treatment if the effluent discharge complies with the standards mentioned in subregulation 74 (3).
Notes
1.	These Regulations amend Statutory Rules 1983 No. 262, as amended by 1985 No. 169; 1986 No. 1; 1987 No. 247; 1988 No. 185; 1989 Nos. 269, 367 and 368; 1990 Nos. 9 and 35; 1991 Nos. 63, 257 and 296; 1992 No. 69; 1993 Nos. 188, 206 and 266; 1996 No. 277; 1997 Nos. 96 and 326; 1999 No. 252; 2000 No. 5; Act No. 137, 2000; Statutory Rules 2001 Nos. 12, 178 and 197.
2.	Notified in the Commonwealth of Australia Gazette on 15 October 2001.