Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 178

STATUTORY RULES 2001 No. 178

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 2001 (No. 2)

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)(j) of the Act provides that regulations may be made regulating or prohibiting the carrying on of any trade or commerce in the Marine Park.

The purpose of the proposed Regulations is to ensure that the bareboat industry operates in compliance with the Bareboat Industry Standards. A bareboat is a vessel which is hired or otherwise made available under a commercial arrangement for a person's recreational use without a master and crew. These standards have been developed in conjunction with the Bareboat Industry and address issues such as the qualifications of the briefing staff and radio operators, the standard of briefs given to clients, the level of supervision and the maintenance and support provided to bareboats.

Clause 1.10(19)(e) of the Whitsundays Plan of Management provides that because the Great Barrier Reef Marine Park Authority is concerned at the number of bareboats permitted to operate in the Planning Area and recognises that it is more environmentally sensitive to have accredited bareboat operations, and crewed or guided bareboats rather than uncrewed or unguided bareboats, the ' Authority will develop an accreditation and training program which, once implemented, may require compliance by all bareboat operations in the Planning Area. In recognition of the different standards of operation within the bareboat industry, a set of Bareboat Industry Standards have been developed with a focus on marine safety and environmental awareness. These standards also complement Queensland's Transport Operations (Marine Safety - Bareboat Ships) Standard 2000. The proposed Regulations are intended to give effect to these standards.

The proposed regulations would commence on 1 January 2002. This is to enable those permittees, who do not meet the minimum requirements of these proposed regulations are able to obtain those requirements.