Great Barrier Reef Marine Park Amendment Regulations 2008 (No. 1)1

Select Legislative Instrument 2008 No. 262

I, QUENTIN BRYCE, 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 12 December 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

PETER ROBERT GARRETT

Minister for the Environment, Heritage and the Arts

1 Name of Regulations

  These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2008 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Great Barrier Reef Marine Park Regulations 1983

  Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 3, heading

substitute

3 Definitions

[2] Subregulation 3 (1)

omit

 (1) In these Regulations:

insert

  In these Regulations:

[3] Subregulation 3 (1), definition of authorisation

substitute

application, for a relevant permission, means an application that has not been withdrawn.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

[4] Subregulation 3 (1), definition of bareboat operation

substitute

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.

[5] Subregulation 3 (1), after definition of Cairns Planning Area

insert

cruise ship anchorage has the same meaning as designated anchorage.

[6] Subregulation 3 (1), after definition of Defence Force

insert

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

Division 2.5 permission means an available permission (within the meaning of regulation 88) to which Division 2.5 applies.

[7] Subregulation 3 (1), after definition of dory

insert

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.

[8] Subregulation 3 (1), after definition of holders

insert

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.

[9] Subregulation 3 (1), after definition of permitted mooring

insert

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

[10] Subregulation 3 (1), definition of special tourism permission

omit

Plan of Management

insert

plan of management

[11] Subregulation 3 (1), after definition of special tourism permission

insert

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

[12] Subregulation 3 (1), after definition of Uniform Shipping Laws Code

insert

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

[13] Subregulations 3 (2) to (8)

omit

[14] Regulation 3, at the foot

insert

Note   The following expressions in these Regulations are defined in the Act:

 AAT

 aircraft

 animal

 Authority

 charge

 chargeable permission

 compulsory pilotage area

 enforcement provision

 farming facility

 Great Barrier Reef Region

 hovercraft

 inspector

 landing area

 late payment penalty

 Marine Park

 master

 mitigate

 oil

 overall length

 owner

 pilot

 plan of management

 plant

 regulated ship

 right

 species

 unzoned area

 vessel

 zone.

[15] After regulation 3

insert

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 at the commencement of this regulation.

 (2) Subject to subregulation (3), a reference in these Regulations to a law of Queensland (including a management plan made under the Fisheries Act 1994 of Queensland) is a reference to that law as in force on 1 July 2004.

 (3) A reference in these Regulations to the Transport Operations (Marine Safety) Regulation 2004 of Queensland is a reference to that law as in force at the commencement of this regulation.

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.

[16] Paragraph 5 (a)

substitute

 (a) a member of the staff of the Authority who performs the duties of any of the following positions in the Authority:

 (i) General Manager;

 (ii) Director;

 (iii) Regional Liaison Manager;

 (iv) Manager, Ports and Shipping;

[17] Regulation 6, note

omit

[18] Regulation 25, definition of motorised watersports, subparagraph (c) (ii)

substitute

 (ii) a personal watercraft is used;

[19] Regulation 25, at the foot

insert

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.

[20] Paragraph 45 (h)

omit

SMA.

insert

SMA;

[21] After paragraph 45 (h)

insert

 (i) Natural Resources Conservation SMA.

[22] After regulation 65

insert

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:

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 relevant permission.

[23] Subregulation 73B (2), notes

substitute

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.

[24] Subregulation 73C (4), notes

substitute

Note   For defences to a prosecution under subregulation (1), (2) or (3), see regulation 73D.

[25] Subregulation 74 (9)

omit

[26] After regulation 74

insert

74A Application to replace Division 2.5 permission after expiry of permission — special circumstances

 (1) This regulation applies if the holder of a Division 2.5 permission has, after the expiration of the permission, applied under this Division to replace that permission with a relevant permission of the same kind.

 (2) The Authority may decide to treat the application as having been made before the expiry of the relevant permission if the Authority considers that special circumstances put forward by the applicant in writing justify its doing so.

Note   Regulation 105 deals with circumstances in which certain kinds of permission are deemed to remain in force after the permission has expired.

[27] After regulation 77

insert

77A Conditions applying to commencement of certain relevant permissions

 (1) Subject to subregulation (2), if the Authority grants a Division 2.5 permission, it is a condition of that permission that the permission does not come into force until the end of a 90 day period commencing on the day that the decision to grant the permission was made by the Authority.

 (2) If:

 (a) the Authority grants a Division 2.5 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;

it is a condition of the permission that 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).

[28] After regulation 78

insert in Division 2.3

78A Permissions to swim with dwarf minke whales in part of the Cairns Planning Area — maximum number

 (1) This regulation applies to an application for a relevant 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.

 (2) The permission must not be granted if doing so would result in there being more than 9 permissions of that kind in force at any one time.

 (3) 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.

Note   The requirements of this regulation are additional to the requirements of subregulations 74 (5) and (8). See paragraph 74 (7) (c).

[29] Division 2.4 heading

substitute

Division 2.4 Authorisations relating to Hinchinbrook Planning Area

[30] Regulations 79 and 80

substitute

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 a relevant 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.

[31] Paragraph 82 (a)

omit

relevant Plan

insert

Plan

[32] Subregulation 83 (2)

omit

relevant

[33] Subregulation 83 (3)

substitute

 (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).

[34] Divisions 2.5 and 2.6

substitute

Division 2.5 Expressions of interest for certain relevant permissions

88 Purpose of Division

 (1) This Division provides for the process of seeking expressions of interest for the granting, under Division 2.3, of a relevant permission for the conduct of a tourist program, the operation of a mooring facility or the operation of a heli‑pontoon facility (an available permission) that:

 (a) under a plan of management, is available to be granted; and

 (b) has either:

 (i) not been granted previously; or

 (ii) if granted previously, will not be in force at the time of the granting under Division 2.3.

Note 1   A relevant permission might no longer be in force because it has expired, has been surrendered or has been revoked.

Note 2   This process of seeking expressions of interest must occur before the granting of the available permissions. See regulation 88C.

 (2) The available permission must be one to which this Division applies (see regulation 88B).

 (3) This Division also provides for the entitled person for the available permission to apply for the permission under Division 2.3 (see subregulation 88F (4)).

88A Definitions for this Division

  In this Division:

available permission has the meaning given by subregulation 88 (1).

heli‑pontoon means a non‑motorised permanently moored facility that is used solely as a landing area for helicopters.

88B Application of Division

Special tourism permissions

 (1) This Division applies to a special tourism permission if, subject to subregulation (6), the permission has not been transferred under regulation 106.

Other relevant permissions

 (2) This Division also applies to a relevant permission of the following kinds if, subject to subregulation (6), the permission has not been transferred under regulation 106:

 (a) a relevant permission to operate a mooring facility as provided for in subregulations (3), (4) and (5);

 (b) a relevant permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37 (2) of the Cairns Area Plan of Management 1998 except as provided for in subregulation (5).

Permissions for mooring facilities

 (3) This Division applies to the following permissions to operate a mooring facility if the mooring is not of a kind mentioned in subregulation (4):

 (a) the mooring is in a Location listed in Schedule 6 to the Cairns Area Plan of Management 1998;

 (b) the mooring is in the Whitsunday Planning Area and the permission was in force immediately before the commencement of the Whitsundays Plan of Management Amendment 2008 (No. 1);

 (c) the mooring is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004;

 (d) a relevant permission to operate a mooring facility of the kind mentioned in subclause 1.37 (1) of the Cairns Area Plan of Management 1998.

Note   The Hinchinbrook Plan of Management 2004 was gazetted on 15 April 2004.

 (4) For subregulation (3), the mooring facilities are the following:

 (a) 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;

 (b) in a place mentioned in subclause 1.27 (2) of the Whitsundays Plan of Management 1998;

 (c) in a place or of a kind referred to in subclause 1.29 (1) or subclause 2.22 (2) of the Hinchinbrook Plan of Management 2004.

Division not to apply to certain relevant permissions

 (5) This Division does not apply to a relevant permission mentioned in subregulation (1) or (2) if:

 (a) the holder of that permission has, before its expiration, applied under Division 2.3 to replace that permission with a relevant permission of the same kind; or

 (b) where the holder of that permission has, after its expiration, applied under Division 2.3 to replace that permission with a relevant permission of the same kind — the Authority has under regulation 74A, treated the application under Division 2.3 in respect of the permission as having been made before the expiry of the permission.

Division applies to some transferred relevant permissions no longer in force

 (6) This Division applies to a relevant permission that was transferred under regulation 106 if, after being transferred, the permission:

 (a) has expired; or

 (b) has been surrendered; or

 (c) has been revoked.

88C Invitations for expression of interest

 (1) Before granting an available permission to which this Division applies under Division 2.3, the Authority must publish a notice inviting expressions of interest in the permission.

 (2) The notice must be published in the following:

 (a) in the Gazette;

 (b) in a newspaper circulating generally in the State of Queensland;

 (c) 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 permitted use mentioned in the relevant permission is to be carried on.

 (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 lodgement 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 14 days before the closing date for the expressions of interest.

88D Consideration of expressions of interest to determine entitled person

 (1) In making a decision under regulation 88E as to who is an entitled person in relation to a permission set out in a notice under regulation 88C, 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 lodgement fee mentioned in the notice.

 (2) The Authority must not consider an expression of interest that does not comply with subregulation (1).

 (3) In considering an expression of interest, the Authority must have regard to the criteria set out in the notice under regulation 88C.

 (4) Subject to subregulation (6), for each kind of 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.

 (5) The Authority must refuse to rank an expression of interest that does not satisfy 1 or more of the criteria set out in the notice under regulation 88C.

 (6) The Authority must give a written notice to a person whose expression of interest has not been ranked setting out the reason for the decision not to rank the expression of interest.

 (7) The notice must be given within 14 days of the making of the decision.

88E Entitled person

 (1) For a kind of permission set out in a notice under regulation 88C, the person who lodged the most highly ranked expression of interest for that kind of permission is taken to be the entitled person with effect from the date set out in the notice referred to in regulation 88F.

 (2) If:

 (a) the entitled person does not apply under Division 2.3 within the period mentioned in paragraph 88F (1) (c); or

 (b) the entitled person withdraws an application made under that Division; or

 (c) the entitled person lodges an application under that Division and the application lapses under regulation 76 or 132; or

 (d) the entitled person’s application is refused under that Division;

the Authority must again rank the expressions of interest that the Authority is required to rank for that kind of permission so that the immediately next ranked expression of interest becomes the most highly ranked expression of interest.

 (3) The person whose expression of interest was ranked highest under subregulation (2), is taken to be the new entitled person for the permission with effect from the date set out in the notice referred to in regulation 88F.

 (4) If the person taken under subregulation (3) to be the new entitled person for the permission:

 (a) does not apply under Division 2.3 within the period mentioned in paragraph 88F (1) (c); or

 (b) withdraws an application made under that Division; or

 (c) lodges an application under that Division and the application lapses under regulation 76 or 132; or

 (d) lodges an application under that Division but the application is refused under that Division;

then subregulations (2) and (3) continue to apply as required to the process of ranking of expressions of interest to determine the person who is taken to be the entitled person for the permission.

 (5) If the Authority is required under subregulation (2) or (4) to again rank expressions of interest for a kind of permission set out in a notice under regulation 88C, the Authority in doing so need only take into account the outcome of the previous ranking for that permission.

88F Application under Division 2.3

 (1) As soon as practicable after determining the most highly ranked expression of interest for a kind of permission set out in a notice under regulation 88C, the Authority must give the entitled person a notice in writing stating the following:

 (a) 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);

 (b) that the person is entitled to make an application under Division 2.3 for that permission;

 (c) that the person must apply to make that application within 21 days of the date of effect or the person will cease to be the entitled person for the permission.

 (2) The date of effect must not be a date before the date that the notice is given.

 (3) If:

 (a) the entitled person does not make the application under Division 2.3 within the period mentioned in paragraph (1) (c); or

 (b) the entitled person withdraws the application under that Division; or

 (c) the entitled person lodges an application under that Division and the application lapses under regulation 76 or 132; or

 (d) the entitled person’s application is refused under that Division;

then the person ceases to be the entitled person for the permission.

 (4) Only the entitled person for the permission may apply under Division 2.3 for the granting of the permission.

88G Notice regarding unsuccessful expressions of interest

 (1) If:

 (a) a person’s expression of interest for an available permission to which this Division applies has been ranked by the Authority under subregulation 88D (4); and

 (b) the person has not received a notice under subregulation 88F (1);

the Authority must give the person a written notice setting out the reason 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 28 days of 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 subregulation 88E (2).

[35] Regulation 117A, after definition of whale

insert

whale protection area means a whale protection area in Part 2 of Schedule 2.

[36] Subregulation 117B (1)

after

person

insert

, and to activities conducted by a person,

[37] Paragraph 117E (1) (b)

substitute

 (b) in relation to cetaceans other than calves; and

 (c) subject to regulation 117JB.

[38] Subregulation 117E (1), note

substitute

Note   Regulation 117F contains special provisions for calves and regulation 117JB contains special provisions for whale protection areas.

[39] After regulation 117J

insert

117JA Conducting swimming‑with‑whales activities without relevant 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 relevant 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.

[40] Subregulation 117K (1)

omit

If

insert

Subject to subregulation (1A), if

[41] Subregulation 117K (1)

omit

(other than regulation 117B)

[42] After subregulation 117K (1)

insert

 (1A) An exemption may not be given:

 (a) from regulation 117B; or

 (b) to the holder of a relevant permission, or to a tourist, mentioned in paragraph (1) (f) in relation to a whale protection area.

[43] After subregulation 124 (1)

insert

 (1A) The Authority may satisfy its obligation under subregulation (1) by making the register available for inspection on the Internet.

[44] Subregulation 125 (1)

omit

the operation

insert

the holder of the permission

[45] Paragraph 125 (1) (a)

omit

its

insert

the permission holder’s

[46] Paragraph 125 (1) (b)

substitute

 (b) the permission holder’s vessels must have protection and public liability indemnity insurance for at least $10 000 000;

[47] Paragraph 125 (1) (c)

omit

it

insert

the permission holder

[48] Paragraph 125 (1) (d)

substitute

 (d) each of the permission holder’s vessels must display a unique identification number, issued by the Authority, when the permission holder operates in the Marine Park.

[49] Subregulation 134 (1), table 134, item 3A

substitute

[50] Subregulation 134 (2)

omit

If an application

insert

Subject to subregulation (3A), if an application

[51] Subregulation 134 (3)

omit

An application

insert

Subject to subregulation (3A), an application

[52] After subregulation 134 (3)

insert

 (3A) Subregulations (2) and (3) do not apply to an expression of interest application to the Authority for a Division 2.5 permission.

[53] Paragraph 143 (2) (c)

omit

sports

insert

sport

[54] Regulation 151, heading

substitute

151 Motorised water sport charges

[55] Subregulation 151 (1)

omit

sports

insert

sport

[56] After subregulation 173 (4)

insert

 (5) For subsection 39ZF (2) of the Act, the enforcement provisions inserted in the Plan or amended by the Cairns Area Plan of Management Amendment 2008 (No. 1) take effect on the day on which this subregulation commences.

[57] Subregulation 174 (3)

substitute

 (3) It is a defence to a prosecution under subregulation (1) if the person is acting in accordance with a relevant permission.

 (4) Despite the amendment of this regulation by the Great Barrier Reef Marine Park Amendment Regulations 2008 (No. 1), a defence that would have been available as a defence to a prosecution under subregulation (1) for a contravention that occurred before that amendment continues to be available as a defence.

[58] Regulation 175

omit

[59] After subregulation 177 (2)

insert

 (3) For subsection 39ZF (2) of the Act, the enforcement provisions inserted in the Plan or amended by the Whitsundays Plan of Management Amendment 2008 (No. 1) take effect on the day on which this subregulation commences.

[60] Subregulation 178 (3)

substitute

 (3) It is a defence to a prosecution under subregulation (1) if the person is acting in accordance with a relevant permission.

 (4) Despite the amendment of this regulation by the Great Barrier Reef Marine Park Amendment Regulations 2008 (No. 1), a defence that would have been available as a defence to a prosecution under subregulation (1) for a contravention that occurred before that amendment continues to be available as a defence.

[61] Regulation 179

omit

[62] Before subparagraph 185 (1) (a)

insert

 (aa) a decision mentioned in subregulation 74A (2); or

[63] Subparagraph 185 (1) (a) (i)

omit

[64] Subparagraphs 185 (1) (a) (ii) and (iii)

renumber as subparagraphs 185 (1) (a) (i) and (ii)

[65] Subregulation 185 (2)

omit

[66] After regulation 206

insert

Schedule 1 Designated anchorages

(regulation 3)

Part 1 Far Northern management area

Part 2 Cairns/Cooktown management area

 Cairns planning area

Part 3 Townsville/Whitsunday management area

Division 1 Dunk Island

Division 2 Hinchinbrook planning area

Division 3 Whitsundays planning area

Part 4 Mackay/Capricorn management area

Schedule 2 Whale protection areas

(regulation 117A)

Part 1 Preliminary

Definition

  In this Schedule, 1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.

Part 2 Whitsunday whale protection area

Description of whale protection area

  The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 27.181' E (at or about 20° 03.602' S, 148° 27.181' E) then running progressively:

[67] Regulation 207

omit

[68] Further amendments — notes about section 6.1 of the Criminal Code

Each of the following provisions is amended by omitting the note:

  subregulation 73E (2)

  subregulation 73F (2)

  subregulation 73H (2)

  subregulation 73I (2)

  subregulation 101 (2)

  subregulation 102 (3)

  subregulation 117D (6)

  subregulation 117E (7)

  subregulation 117F (5)

  subregulation 117G (3)

  subregulation 117H (2)

  subregulation 117I (2)

  subregulation 117J (5)

  subregulation 166 (5)

  subregulation 171 (2)

  subregulation 174 (2)

  subregulation 178 (2)

  subregulation 182 (2).

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.