EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 303

 

 

Issued by the Authority of the Minister for the Environment, Heritage and the Arts

 

 

Great Barrier Reef Marine Park Act 1975

 

 

Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009

 

 

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.

 

The Act establishes the Great Barrier Reef Marine Park Authority (the Authority) and makes provision for and in relation to the establishment, control, care and development of a marine park in the Great Barrier Reef Region.

 

The Regulations repeal the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 (the Principal Regulations) consequential to the changes made to the Act by the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 (the Amendment Act).

 

 

The Regulations are outlined in more detail in Attachment A.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the same day as Schedule 6 of the Amendment Act comes into force.

 

ATTACHMENT A

 

Details of the Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Great Barrier Reef Region (Prohibition of Mining) Repeal Regulations 2009.

 

Regulation 2 – Commencement

 

The regulation provides for the Regulations to commence on the same day Schedule 6 of the Amendment Act comes into force.

 

Regulation 3 – Repeal

 

The Amendment Act establishes a provision in the Act that has the effect of prohibiting mining in the Great Barrier Reef Region. Prior to the Amendment Act taking effect the Act provided for the prohibition of mining in the Great Barrier Reef Marine Park. The Great Barrier Reef Region is slightly larger than the Marine Park. As such those parts of the Great Barrier Reef Region that fall outside the boundary of the Marine Park were not afforded protection under the Act. Therefore, the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 were established to provide for the prohibition of mining for the entire Great Barrier Reef Region, which includes the Marine Park.

 

As a consequence of the Act amendments to prohibit mining in the Great Barrier Reef Region, the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 are no longer required and therefore repealed.