Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) In this regulation:
"amended regulations" means the Great Barrier Reef Marine Park Regulations 1983 as amended by these Regulations.
"commencement date" means the date on which these Regulations commence.
"modify" , in relation to a condition, includes vary, add, omit and substitute.
"new permission" means a permission to which Part 2A of the amended regulations applies.
old permission means any of the following permissions:
(a) a permission under regulation 53 of the old regulations;
(b) a permission under regulation 73B of the old regulations;
(c) a permission under regulation 73BA of the old regulations;
(d) a permission under Division 2.3 of the old regulations;
(e) a permission under regulation 93 of the old regulations;
(f) a permission under regulation 99 of the old regulations.
"old regulations" means the Great Barrier Reef Marine Park Regulations 1983 as in force immediately before the commencement date.
"TUMRA" is an acronym for traditional use of marine resources agreement.
(2) The old regulations continue to apply to an application for an old permission if:
(a) the application was made before the commencement date; and
(b) the application was not withdrawn before that date; and
(c) the old permission was neither granted nor refused before that date.
(3) The old regulations continue to apply to an application for accreditation of a TUMRA if:
(a) the application was made before the commencement date; and
(b) the application was not withdrawn before that date; and
(c) the TUMRA was neither accredited nor refused accreditation before that date.
(4) The old regulations continue to apply to an expression of interest under Division 2.5 of the old regulations if:
(a) before the commencement date, the Authority published a notice under subregulation 88C (1) of the old regulations inviting expressions of interest; and
(b) the expression of interest was lodged (whether before or after the commencement date) in response to the advertisement; and
(c) the expression of interest complied with regulation 88D of the old regulations; and
(d) the procedures in Division 2.5 of the old regulations in relation to the expression of interest had not been finalised before the commencement date.
(5) An old permission that was in force under the old regulations (including an old permission that was granted under the old regulations after the commencement date in accordance with subregulation (2)) continues in force after the commencement date as if it were a new permission granted under the amended regulations, but the new permission:
(a) ceases to be in force when it would have ceased to be in force under the old regulations; and
(b) remains subject to the same conditions to which it was subject under the old regulations; and
(c) if the old permission was suspended at the commencement date -- remains suspended for the period of suspension remaining at the commencement date; and
(d) may be suspended, revoked or transferred , or its conditions modified, as provided for under the amended regulations.
(6) An authority given under an old permission mentioned in subregulation (5) has effect, after the commencement date, as if it had been given under the old permission as continued in force under subregulation (5).
(7) An authorisation attached to an old permission mentioned in subregulation (5) is, after the commencement date, attached to the old permission as continued in force under subregulation (5).
(8) An accreditation of a TUMRA that was in force under the old regulations (including an accreditation that was granted under the old regulations after the commencement date in accordance with subregulation (3)) continues in force after the commencement date as if it were a new accreditation under the amended regulations, but the accreditation:
(a) ceases to be in force when it would have ceased to be in force under the old regulations; and
(b) remains subject to the same conditions to which it was subject under the old regulations; and
(c) if the accreditation was suspended at the commencement date -- remains suspended for the period of suspension remaining at the commencement date; and
(d) may be suspended, revoked or terminated, or its conditions of accreditation modified, as provided for under the amended regulations.
(9) An authority given under an accredited TUMRA mentioned in subregulation (8) has effect, after the commencement date, as if it had been given under the accredited TUMRA as continued in force under subregulation (8).
(10) Despite the amendment made by item [45] of Schedule 1, regulation 70 of the old regulations continues to apply after the commencement date to a permission mentioned in that regulation as if the amendment had not been made.
(11) An order that was in force under regulation 94 of the old regulations immediately before the commencement date continues in force after that date as if it had been made under regulation 94 of the amended regulations.