EXPLANATORY STATEMENT

Select Legislative Instrument 2007 No. 32

 

Issued by Authority of the Minister for the Environment and Water Resources

 

Great Barrier Reef Marine Park Act 1975

 

Great Barrier Reef Marine Park Amendment Regulations 2007 (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.

 

Without limiting the generality of subsection 66(1) of the Act, regulations may be made providing for the protection and preservation of the Great Barrier Reef Marine Park (the Marine Park) and things in the Marine Park (paragraph 66(2)(f)); regulating the conduct of persons in the Marine Park (paragraph 66(2)(i)); and regulating the use of vessels in the Marine Park (paragraph 66(2)(o)).

 

The purpose of the Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1) (the Regulations) is to make minor amendments to certain offence provisions regulating interactions with cetaceans (whales or dolphins) to provide greater certainty to operators of vessels as to how they must operate their vessels within certain distances of cetaceans. In particular, the amendments to the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations) replace the phrase “constant slow speed” with the phrase “constant speed of less than 6 knots”. The amendments also provide a Note informing vessel operators that a boat travelling at a brisk walking pace is not exceeding 6 knots.

 

The Regulations also re-insert into regulation 15 a table listing restricted species for fishing or collecting, which was inadvertently deleted with amendments made to regulation 15 by the Great Barrier Reef Marine Park Amendment Regulations (No. 2) 2006.

 

The Great Barrier Reef Marine Park Authority did not undertake consultation specifically on the proposed Regulations. In relation to the amendments to the cetacean provisions, the Office of Best Practice Regulation has confirmed that a Regulation Impact Statement is likely not required as the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. A copy of that advice is at Attachment A.

 

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 Regulations commenced on the day after they were registered.

 

Attachment A

 

Attachment B

 

 

Regulation 1 provides that the name of the Regulations is the Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1).

 

Regulation 2 provides that the Regulations commence on the day after they are registered.

 

Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations).

 

Schedule 1 – Amendments

 

Item [1] – Subregulation 15 (2), after the note

Item [1] amends regulation 15 by inserting Table 15 – restricted species for fishing or collecting. This Table had been inadvertently deleted by the amendment to regulation 15 made by the Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 2).

 

Item [2] – Subregulation 117D (3)

Item [2] amends subregulation 117D (3) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that a prohibited vessel must move at a constant speed of less than 6 knots away from a cetacean that is approaching so that the vessel remains at least 300 metres away from a cetacean.

 

Item [3] – Subregulation 117D (3)

Item [3] inserts an explanatory note to subregulation 117D (3), which provides that a boat travelling at a brisk walking pace is not exceeding 6 knots.

 

Item [4] – Paragraph 117E (2) (a)

Item [4] amends paragraph 117E (2) (a) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that within the caution zone of a cetacean a vessel must be operated at a constant speed of less than 6 knots.

 

Item [5] – Paragraph 117E (2) (c)

Item [5] amends paragraph 117E (2) (c) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that if a cetacean shows signs of being disturbed, the vessel must be immediately withdrawn from the caution zone at a constant speed less of less than 6 knots.

 

Item [6] – Subparagraph 117F (3) (b) (iii)

Item [6] amends subparagraph 117F (3) (b) (iii) by replacing the words ‘constant slow speed’ with the words ‘constant speed of less than 6 knots’. The amended provision provides that if a calf appears within the caution zone, the vessel must be withdrawn from the caution zone at a constant speed of less than 6 knots.