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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2002 (NO. 5) 2002 NO. 209
EXPLANATORY STATEMENTSTATUTORY RULES 2002 No. 209
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 2002 (No. 5)
Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act nor with a zoning plan, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Paragraph 66(2)(u) of the Act provides that regulations may be made providing for the grant or issue of licences, permissions, permits and authorities, the conditions subject to which they are granted or issued and the charging of fees by the Authority in respect of such licences, permissions, permits and authorities.
Paragraph 66(2)(v) of the Act provides that regulations may be made providing for any matter incidental to or connected with any of the foregoing
Paragraph 66(3)(d) of the Act provides that without limiting the generality of subsections (1) or (2), the regulations may be expressed to apply to or in relation to a specified part of a zone.
Paragraph 66(4)(a) of the Act indicates that a regulation is taken not to be inconsistent with a zoning plan merely because it further regulates an activity that is allowed or permitted by the zoning plan.
Subclause 6.5.2 of the Far Northern Section Zoning Plan (the zoning plan) provides that the Great Barrier Reef Marine Park Authority (the Authority) may only grant a permission to a person to use or enter the Princess Charlotte Bay area of the Conservation Park zone for commercial netting if the person satisfies the conditions specified in the Great Barrier Reef Marine Park Regulations 1983 (the principal Regulations).
The purpose of the Regulations is to specify the condition that a person must satisfy for the Authority to grant a permission to a person to use or enter the Princess Charlotte Bay area of the Conservation Park zone for commercial netting.
The introduction of the Conservation Park zone in Princess Charlotte Bay was primarily to protect dugong (Dugong dugon) by prohibiting commercial netting. However, in recognition of the importance of the area to commercial netters that have a history and reliance on commercial netting in Princess Charlotte Bay, the Authority will consider the grant of a permission for such activity provided the condition in these proposed Regulations is met. The proposed Regulations will have the effect of capping the number of commercial netters in the area. The conditions that are placed on any issued permissions will seek to minimise the entanglement of dugong in the nets.
The condition that the Regulations specify is that a person be the holder of a primary commercial fishing boat licence that evidences a history and reliance on authorised commercial netting in the "specified area"; such area being defined by the Regulations. A general description of this specified area is that it refers approximately to Princess Charlotte Bay.
A primary commercial fishing boat licence means a licence attached to a primary commercial fishing boat issued under Queensland Fisheries legislation.
A history and reliance on commercial netting in the Princess Charlotte Bay area of the Conservation Park zone is established by a primary commercial fishing boat licence:
• That authorises commercial netting to be carried out in the specified area
• In accordance with which commercial netting was carried out in the specified area:
o at any time between 1 January 1996 and 31 December 1999 (inclusive); and
o at any time in three or more calendar years between 1 January 1988 and 31 December 1999 (inclusive);
and
• In accordance with which at least 5 tonnes of harvest were taken from the specified area in the period mentioned in the previous criterion.
The Regulations also:
• clarify that "commercial netting" has the same meaning as subregulation 9(4) of the principal Regulations;
• specify that an application for a permission to use or enter the Princess Charlotte Bay area of the Conservation Park zone must be accompanied by adequate evidence showing that the applicant satisfies the condition;
• clarify what amounts to adequate evidence.
Details of the Regulations are as follows:
Regulation 1 provides that the name of the regulations is the Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 5).
Regulation 2 provides that the regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.
Schedule 1 - Amendments
Amendment 1 omits paragraph 9(4)(a) due to the reference to Part 3 of Schedule 8 being and incorrect reference.
Amendment 2 inserts subregulations 10(3A), (3B) and (3C).
Subregulation 10(3A) requires an application for a relevant permission to use or enter the Princess Charlotte Bay area of the Conservation Park zone for commercial netting to be accompanied by adequate evidence showing that the applicant satisfies the condition mentioned in paragraph 13AA(1).
Subregulation 10(3B) provides that a certificate or a copy of a certificate issued under Queensland fisheries legislation showing that an applicant is the holder of a primary commercial fishing boat licence will be adequate evidence that the applicant holds such a licence. This provision also clarifies that a copy of the documents specified in subregulation 10(3C) certified by the chief executive under Queensland Fisheries legislation; or someone at the direction of that person, will be adequate evidence that the criteria set out in paragraphs 13AA(1)(b) and (c) are satisfied.
Subregulation 10(3C) specifies the documents for the purposes of paragraph (3B)(b); namely, returns or parts of returns under the current Queensland fisheries legislation and the former Queensland Fishing Industry Organisation and Marketing Act 1982.
Amendment 3 inserts a new regulation 13AA after regulation 13.
Paragraph 13AA(1) provides that the Great Barrier Reef Marine Park Authority may grant a permission to use or enter the Princess Charlotte Bay area of the Conservation Park zone for commercial netting if certain criteria are satisfied. The Authority may only grant such a permission if the person is the holder of a primary commercial fishing boat licence that authorises commercial netting to be carried out in the specified area (as defined):
• in accordance with which commercial netting was carried out in the specified area
o any time between 1 January 1996 and 31 December 1999 (inclusive) and
o any time in three or more calendar years between 1 January 1988 and 31 December 1999 (inclusive)
and
• in accordance with which at least 5 tonnes of harvest were taken while commercial netting was being carried out in the specified area in the period mentioned in the previous criterion.
Paragraph 13AA(2) defines commercial netting, primary commercial fishing boat licence, and specified area.
The Regulations commence on gazettal.