Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 252

STATUTORY RULES 1999 NO. 252

ISSUED BY The Authority of the Minister for the Environment and Heritage

Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1)

Purpose of Regulations

The purpose of these Regulations is to give effect to the enforcement provisions contained in Part 2 of the Cairns Area Plan of Management 1998 and Part 2 of the Whitsundays Plan of Management 1998.

Background

The Great Barrier Reef Marine Park Act 1975 provides for the making of regulations "providing for giving effect to the enforcement provisions of a plan of management or to the enforcement provisions of an amendment of a plan of management".

Section 39W of the Great Barrier Reef Marine Park Act 1975 provides that the Authority may, in writing, prepare plans of management for the Marine Park in accordance with this Part (Part VB). Both the Cairns Planning Area and the Whitsundays Planning Area are subject to high-density tourism activities. The Authority has prepared Plans of Management to control the levels of tourism and activities and their associated impacts on the Planning Areas. The Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998 were gazetted on 22 June 1998.

Regulation Details

Part 2 of the Plans of Management provide for the enforcement provisions of the Plans. These regulate activities conducted in the Planning Areas and also limit the access by operators to the planning area to be 50 days with a booking unless the operator has an authorisation to operate above the base level as provided for in Part 5 of Division 1 of the Plans of Management.

A person who contravenes a provision of Part 2 of the Plans of Management is liable for a penalty up to 10 penalty units ($1100). Further, any contravention of a provision of Part 2 of the Plans of Management is an offence of strict liability. The exception to this are the relevant clauses dealing with damage to corals (clause 2.14 (1) of the Cairns Area Plan of Management 1998 and clause 2.12(1) of the Whitsundays Plan of Management 1998).

The Regulations also provide for the granting of authorisations by the Authority, which allow the conduct of certain types of tourist programs that would otherwise be prohibited by the enforcement provisions. In order to be eligible for an authorisation, the permission holder must have an existing permission in force immediately before 1 July 1999 for the Cairns Planning Area or an existing permission in force immediately before the commencement of regulation 62 for the Whitsundays Planning Area.

The Authority may grant such authorisation to the permission holder unconditionally or subject to conditions, or may refuse to grant the authorisation. If the authorisation is granted conditionally or unconditionally, it attaches to the relevant permission. The decision of the Authority to grant or refuse an authorisation must be communicated to the applicant in writing, and the applicant has appeal rights if the decision of the Authority to grant the authorisation conditionally or refuse to grant an authorisation. Such appeal rights include reconsideration by the Authority or an appeal to the Administrative Appeals Tribunal.

When an authorisation is granted, it forms part of the permission. An authorisation may be suspended or revoked separately from the permission to which it is attached.

An Explanatory Memorandum for these Regulations is included at Attachment 1.

Impact on Business

A Regulation Impact Statement (RIS) in a form approved by the Office of Regulation Review is included at Attachment 2.

These Regulations commence on gazettal.