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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 5
EXPLANATORY STATEMENTSTATUTORY RULES 2000 No. 5
ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT AND HERITAGE
Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Marine Park Amendment Regulations 2000 (No. 1)
Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 (."the Act") provides for the making of regulations by the Governor-General not inconsistent with the Act or with a zoning plan. Paragraph 66 (2) of the Act provides in particular for the making of regulations conferring functions on the Great Barrier Reef Marine Park Authority ("the Authority") for the purposes of the regulations.
Purpose of Regulations
Under the Zoning Plans for each section of the Marine Park, and the Plans of Management for the Cairns and Whitsundays Areas, certain activities cannot be carried out without the Authority's permission. The purpose of the Regulations is to provide for a register of permissions to be kept by the Authority, and for members of the public to have access to documents in the register, as well as certain housekeeping matters.
Background
Documents relating to permit applications and assessments are available under Freedom of Information ("FOI") legislation, subject to some limited exceptions. The Authority has, over several years, found that the vast majority of FOI applications seeking details of permit applications, assessments and statements of reasons are granted in full. The FOI process is costly, time consuming and resource intensive. Maintaining a register of applications, assessments and statements of reasons, and allowing public access to the register, is expected to reduce the cost of providing, and the time taken to provide, this information.
Regulation Details
The Regulations amend the Great Barrier Reef Marine Park Regulations 1983 ("'the principal regulations") by inserting new regulations 59A, 59B and 59C. The regulations also move an existing regulation to a more appropriate place.
Regulations 59A, 59B and 59C provide for the Authority to establish and maintain a register of permissions, and for members of the public to have access to the register.
The regulations will enable members of the public to obtain certain documents outside the normal freedom of information process.
Impact on Business
A Regulation Impact Statement (RIS) is not required for these Regulations. See letter from Office of Regulatory Review at Attachment 1.
These Regulations commence on gazettal.
Attachment B
Office of Regulation Review
Courier Delivery Only
Our reference ID: 929 Level 3, Nature Conservation House
Cnr Emu Bank and Benjamin way
Canberra ACT 2617
PO Box 80
Belconnen ACT 2616
AUSTRALIA
Telephone 02 6240 3290
Facsimile 0262403355
Emil orr@pe.gov.au
PRODUCTIVITY
26 July 1999 COMMISSION
Mr Ed Green
Great Barrier Reef Marine Park Authority
Policy and Stakeholder Liaison Officer
Tourism and Recreation Group
Dear Mr Green
Re: Regulation Impact Statement (RIS) for the Register of Permission Regulations.
Thank you for forwarding the Office of Regulation Review the background material on the Register of Permission Regulations. Based on the information you have provided, a RIS is not required because the regulation will have no direct or substantial indirect impact on business and it will not restrict competition.
If you have any further queries please contact me on (02) 6240 3205.
Yours sincerely
Sue Holmes
Director
Attachment C
GREAT BARRIER REEF
MARINE PARK AUTHORITY
Sue Holmes
Director
Office of Regulatory Review
PO Box 80
Belconnen ACT 2616
REGULATION TO ESTABLISH A REGISTER OF PERMISSIONS
Background
Public access to detailed information concerning permissions granted by the Authority is currently only available through a request under the Freedom of Information Act 1982. The process is very resource intensive and costly. A better process is required in order to make basic information more readily available. This is especially required in order that contact details of mooring permittees can be generally available for users wishing to access moorings.
Issues
* The Authority proposes to establish and make public, on request, a register of permissions, containing details of application for permissions and transfers and variations of applications, details of permissions granted and copies of any statements of reasons given for decisions on applications.
* The register would not include any confidential documents.
* The Authority has, over several years, found the vast majority of Freedom of Information applications seeking details of permit applications, assessments and statements of reasons are granted in full.
* Public submissions to the Cairns Area Plan of Management were received requesting a means to identify and contact mooring permittees.
* The proposed regulation will enable the Authority to produce a Register of Mooring Permissions in the Cairns Area, which will facilitate a greater level of sharing of moorings within an area where there is a large number of privately installed c) moorings.
* The proposed regulations imposes no costs to business.
Yours sincerely
Ed Green
Policy and Stakeholder Liaison Officer
Tourism and Recreation Group
22 July 1999