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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2005 (NO. 1) (SLI NO 155 OF 2005)
EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 155
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 2005 (No. 1)
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 the Act or with a zoning plan, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Further regulation-making provisions, relevant to the Regulations, are outlined in Attachment A.
The purpose of the Regulations is to revoke part of the Special Management Area located at Cape Upstart, south of Townsville. Special Management Areas exist where specific management measures are necessary – for example, to regulate access or activities in heavily used areas, to protect resources, to allow for the replenishment of resource stocks, or to ensure public safety.
The Special Management Area located at Cape Upstart was established on
1 July 2004. It was made a Special Management Area to restrict spearfishing and some other activities (including the conduct of harvest fisheries and aquaculture operations) where those activities would be otherwise allowed, in order to avoid conflict between different user groups.
This amendment has arisen with the support of the residents of Cape Upstart and others. It revokes part of this Special Management Area to allow spearfishing to occur at the northern end of Cape Upstart. The residents of Cape Upstart presented the Great Barrier Reef Marine Park Authority with a petition from both residents and users of the area supporting this proposal. This amendment will result in approximately 35% of the original Special Management Area at Cape Upstart being revoked. The residents of Cape Upstart, together with other users of the area, were consulted with respect to this amendment.
In addition, the Regulations make minor amendments to the Great Barrier Reef Marine Park Regulations 1983 to further clarify the intent of the Great Barrier Reef Marine Park Zoning Plan 2003 (the Zoning Plan). Consultation has not occurred in relation to these amendments as they are considered to be of a minor technical nature only to clarify certain provisions supporting the Zoning Plan.
Details of the Regulations are set out in Attachment B.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Attachment A
Without limiting the generality of subsection 66(1) of the Great Barrier Reef Marine Park Act 1975, regulations may be made:
· providing for giving effect to, and enforcing the observance of, zoning plans (paragraph 66(2)(b));
· providing for the protection and preservation of the Marine Park and property and things in the Marine Park (paragraph 66(2)(f));
· regulating the conduct of persons in the Marine Park (paragraph 66(2)(i));
· regulating or prohibiting the carrying on of any trade or commerce in the Marine Park (paragraph 66(2)(j));
· regulating the use of vessels in, and the passage of vessels through, the Marine Park and the landing and use of aircraft in, and the flying of aircraft over, the Marine Park (paragraph 66(2)(o));
· regulating or prohibiting the taking of animals or plants into, or out of, the Marine Park (paragraph 66(2)(p));
· regulating or prohibiting the taking into the Marine Park, and use in the Marine Park, of weapons, traps, nets, snares, fishing apparatus and other devices (paragraph 66(2)(r));
· providing for the collection of specimens and the pursuit of research in the Marine Park for scientific purposes (paragraph 66(2)(t)); and
· 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)(u)).
Attachment B
Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 1)
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 2005 (No. 1).
Regulation 2 provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations).
Item 1 is of a technical nature only. This item amends subregulation 3(2A) of the Principal Regulations by omitting the reference to “at the commencement of this subregulation” and replaces it with a reference to “on
2 December 2004”, being the date on which that subregulation commenced.
The purpose of this amendment is to clarify that a reference in the Principal Regulations to the Cairns Area Plan of Management 1998 is a reference to that Plan as amended on 2 December 2004.
Item 2 substitutes paragraph 3(7)(a) of the Principal Regulations with a revised paragraph 3(7)(a).
The purpose of this amendment is to replace the reference to the Transport Operations (Marine Safety) Regulation 1995 of Queensland (which was repealed on 16 August 2004) with a reference to the Transport Operations (Marine Safety) Regulation 2004 of Queensland.
Item 3 substitutes regulation 7 of the Principal Regulations with a new regulation 7.
New subregulation 7(1) allows the Great Barrier Reef Marine Park Authority (the Authority) to accredit an educational or research institution to conduct one or more of the following activities - limited impact research (extractive), limited impact research (non-extractive), or a limited educational program - for the purposes of the Great Barrier Reef Marine Park Zoning Plan 2003 (the Zoning Plan), and specifies the circumstances in which the Authority may accredit such an institution.
New subregulation 7(2) specifies the circumstances in which the Authority may revoke the accreditation of an educational or research institution, and specifies the manner in which such a revocation can occur.
New subregulation 7(3) clarifies that an institution that was already accredited prior to these amendments will continue to hold its accreditation to conduct limited impact research (extractive) and limited impact research (non-extractive). This is subject to the following subregulation.
New subregulation 7(4) specifies that subregulation 7(3) does not affect the Authority’s power to revoke the accreditation of such an institution.
Item 4 substitutes subparagraph 15(2)(a)(i) of the Principal Regulations with a new subparagraph 15(2)(a)(i).
The Dictionary to the Zoning Plan defines fishing or collecting as the taking of a plant, animal or marine product in accordance with any limitations prescribed in the Regulations. Regulation 15 of the Principal Regulations prescribes the limitations that are placed on those activities for the purposes of this definition.
Currently, subparagraph 15(2)(a)(i) of the Principal Regulations declares that one of the limitations for the definition of fishing or collecting in the Zoning Plan is that an animal or a plant of a protected species is not to be taken or possessed. However, section 5.3 of the Zoning Plan authorises the take of several protected species in certain limited circumstances. The purpose of this amendment is to clarify the circumstances in which an animal or a plant of a protected species can be taken for the purposes of the definition of fishing or collecting.
Item 6 omits Item 4 of Table 15 of regulation 15 of the Principal Regulations. This amendment is of a technical nature only and is required as a consequence of the amendment outlined in Item 5 above.
Item 7 substitutes paragraph 17(2)(e) of the Principal Regulations with a revised paragraph 17(2)(e). Regulation 17 defines hook for the purposes of the Zoning Plan. One of the hooks identified in this regulation is a ganged hook set. The purpose of this amendment is to clarify that swivels and wires can be used between hooks in a ganged hook set to connect the hooks.
Item 9 is of a technical nature only and removes the reference to “and Queensland” in paragraph 19(3)(l) of the Principal Regulations.
Item 10 is of a technical nature only and is required to facilitate the amendment outlined in Item 11 below.
Item 13 inserts a new subregulation 20(3) into the Principal Regulations.
The purpose of this amendment is to allow for non-fixed transect tapes and quadrants (provided they are attended at all times) to be used as part of a visual survey for the purposes of limited impact research (non-extractive).
Item 14 substitutes subparagraph 25(c)(ii) of the Principal Regulations with a revised subparagraph 25(c)(ii).
The purpose of this amendment is to replace the reference to the Transport Operations (Marine Safety) Regulation 1995 of Queensland (which was repealed on 16 August 2004) with a reference to the Transport Operations (Marine Safety) Regulation 2004 of Queensland.
Item 15 inserts a new regulation 35A into the Principal Regulations.
The Dictionary to the Zoning Plan defines trolling as fishing by means of a line or lines trailed behind a vessel that is under way:
(a) using no more than 3 lines per person; and
(b) with no more than 6 hooks (in total); and
(c) in accordance with any limitations prescribed in the Principal Regulations.
The purpose of this amendment is to clarify what is meant by the term “under way” for the definition of trolling. The limitation prescribed is that a vessel is taken to be under way if it is being propelled through the water in a forward direction (whether by engine, sail or human power) and is not adrift.
Item 16 is of a technical nature to insert the reef identification number
“(11-243)” after the reference to “Raine Island Reef” in regulation 54 of the Principal Regulations. This amendment is consistent with other references to reefs throughout the Principal Regulations which refer to both the reef name and its identification number.
Item 17 is of a technical nature only to omit the reference to “Parts 1 to 8” in subregulation 57(1) and replace it with a reference to “Parts 1 to 8A”. This amendment is required as a consequence of the amendment outlined in
Item 18 below.
Item 18 amends regulation 57, Table 57 of the Principal Regulations by inserting a new Part 8A. New Part 8A of Table 57 sets out the boundary description for the revised Cape Upstart (CP-19-4064) Public Appreciation Special Management Area.
Item 19 is of a technical nature only, and is required to omit Item 8 of Part 9 of Table 57 of the Principal Regulations. This amendment is required as a consequence of the amendment outlined in Item 18 above.
Item 20 substitutes subregulations 67(4) to (6) of the Principal Regulations with revised subregulations 67(4) to (6).
Regulation 67 provides the Authority with a mechanism to designate Emergency Special Management Areas. Emergency Special Management Areas allow the Authority to deal with situations requiring immediate management action.
The designation of an area as an Emergency Special Management Area would be a legislative instrument for the purposes of the Legislative Instruments
Act 2003. As such a designation would be a legislative instrument, it must be registered on the Federal Register of Legislative Instruments before it can commence. The purpose of this amendment is to update these provisions to reflect the requirements of the Legislative Instruments Act 2003.
New subregulation 67(4) requires the Authority to publish a notice of a designation of an area as an Emergency Special Management Area in one or more of the following: a newspaper that circulates generally in Queensland, a local newspaper that circulates in the part of Queensland adjacent to the Marine Park that is designated, or the Authority’s website.
New subregulation 67(5) requires that the notice published under subregulation 67(4) must state that it is an offence to fail to comply with the special management provisions that apply to the area.
New subregulation 67(6) clarifies that the designation of an area as an Emergency Special Management Area takes effect from either the date that it is registered on the Federal Register of Legislative Instruments, or if a later date is specified in the designation, that date.
Item 21 is of a technical nature only, and replaces the reference to “inhabitants” in paragraph 90(a) of the Principal Regulations with a reference to “owners”. This amendment is required to ensure that paragraph 90(a) of the Principal Regulations is consistent with other similar paragraphs in the Principal Regulations.