Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Interpretation  
   3A.     Interpretation of zoning plans  
   3B.     Interpretation of geographic co-ordinates  
   4.      Operation of Act  
   4A.     Application of the Criminal Code  
   5.      Object of this Act  

   PART II--ESTABLISHMENT, FUNCTIONS AND POWERS OF THE

   6.      Great Barrier Reef Marine Park Authority  
   7.      Functions of the Authority  
   7A.     Provision of assistance to other institutions and persons  
   8.      Powers of Authority  
   8A.     The Authority's liabilities are Commonwealth liabilities  
   8B.     Chairperson not subject to direction by the Authority on certain matters  

   PART III--CONSTITUTION AND MEETINGS OF THE AUTHORITY

   9.      Nature of Authority  
   10.     Membership of Authority  
   11.     Period of appointment of members of Authority  
   12.     Remuneration and allowances of members of Authority  
   13.     Leave of absence  
   14.     Resignation of members of Authority  
   15.     Acting Chairperson and members  
   16.     Termination of appointment of members of Authority  
   16A.    Disclosure of interests to the Minister  
   16B.    Disclosure of interests to the Authority  
   17.     Meetings of Authority  

   PART V--THE

   30.     Great Barrier Reef Marine Park  
   31.     Areas part of Marine Park  
   32.     Zoning plans  
   33.     Zoning plans to be laid before Parliament etc.  
   34.     Operational principles  
   35.     Environmental, economic and social assessments  
   36.     Authority etc. to comply with zoning plans  
   37.     Amendment or revocation of zoning plan--substantive changes  
   37A.    Amendment of zoning plan--typographical errors  
   38.     No drilling or mining in Marine Park  
   38A.    Zones to be used only for permitted purposes  
   38B.    Permission requirements to be observed--zoned area  
   38C.    Contravening conditions of permit or authority--zoned area  
   38CA.   Zones to be used only for permitted fishing  
   38CB.   Permission requirements to be observed for fishing--zoned area  
   38CC.   Contravening conditions of permit or authority in relation to fishing--zoned area  
   38D.    Notification requirements to be observed--zoned area  
   38E.    Contravening directions--zoned area  
   38F.    Certain activities prohibited in the unzoned area  
   38G.    Contravening conditions of permit or authority--unzoned area  
   38H.    Removal of property  
   38J.    Offence relating to the discharge of waste  
   38K.    Offences involving the use of vessels or aircraft  
   38L.    Offences involving the discharge of waste from a vessel, aircraft or platform  
   38M.    Zones to be used only by permitted ships  
   38MA.   Permission requirements to be observed for ships--zoned area  
   38MB.   Contravening conditions of permit or authority in relation to ships--zoned area  
   38MC.   Vessels causing damage in the Marine Park  
   38N.    Injunctions  
   39.     Great Barrier Reef not to be reserved under the Environment Protection and Biodiversity Conservation Act 1999  

           Division 1--Object

   39A.    Object  
   39AA.   Definitions  

           Division 2--Liability to charge

   39B.    Liability to charge  
   39C.    Amount of charge  
   39D.    Chargeable permission held jointly--joint and several liability of holders  
   39DA.   Payment of charge by chargeable permission holders  
   39DB.   Payment of charge by visitors  
   39E.    When charge due for payment  
   39F.    Payment of charge by instalments  

           Division 2A--Collected amounts

   39FA.   Chargeable permission holders must collect charge payable by visitors  
   39FB.   Chargeable permission holders must pay collected amounts to the Authority on time  
   39FC.   Chargeable permission held jointly--joint and several liability of holders  
   39FD.   Payment of collected amounts  
   39FE.   When collected amount is due for payment  

           Division 3--Recovery of charge etc

   39G.    Late payment penalty  
   39H.    Payment of late payment penalty  
   39I.    Appropriation of amounts for the purposes of the Authority  
   39J.    Recovery of charge and late payment penalty  
   39K.    Regulations relating to recovery of charge etc.  

           Division 4--Review of decisions relating to remission of late payment penalty

   39L.    Reconsideration of decisions relating to remission of late payment penalty  
   39M.    Review of decisions by AAT  
   39N.    Statements to accompany notification of decisions  

           Division 5--Record-keeping and returns etc

   39P.    Record-keeping and returns etc.  
   39PA.   Custody and banking of collected amounts etc.  
   39Q.    Failure to give information or returns  

           Division 5A--Application of the Financial Management and Accountability Act 1997

   39QA.   Collected amounts etc.  

           Division 6--Enforcement

   39S.    Power to search aircraft and vessels  
   39T.    Powers of inspector in relation to premises  
   39U.    Warrant to enter premises  

   PART VB--PLANS OF MANAGEMENT

   39V.    Interpretation  
   39W.    Preparation of plans of management  
   39X.    Types of plans of management  
   39Y.    Objects of plans of management  
   39Z.    The Authority to be informed by the precautionary principle in preparing management plans and protecting world heritage values  
   39ZA.   Arrangements with community groups that have special interests in areas of the Marine Park  
   39ZB.   Notice of proposal to prepare plan of management  
   39ZC.   Moratorium on grant of new permits while plan of management is being prepared  
   39ZD.   Preparation of plan of management  
   39ZE.   Notice of preparation of plan of management  
   39ZF.   When plan of management comes into force  
   39ZG.   Amendment of plan of management  
   39ZH.   Revocation of plan of management  
   39ZI.   Transitional  

   PART VI--ADMINISTRATION

   40.     Staff of Authority  
   41.     Performance of service by other persons  
   42.     Officers and employees of Queensland and government authorities  
   43.     Appointment of inspectors  
   44.     Inspectors ex officio  
   45.     Identity cards  
   45A.    Power of inspector to give directions  
   46.     Arrest without warrant  
   46A.    Power to conduct a frisk search of an arrested person  
   46B.    Power to conduct an ordinary search  
   46C.    Conduct of ordinary searches and frisk searches  
   46D.    Retention of things that are seized  
   47.     Confiscation and forfeiture  
   47A.    Release subject to a condition  
   47B.    Notice requiring vessel, aircraft or article etc. to be delivered to inspector or other person  
   48.     General powers of inspectors  
   48AA.   Power of inspector to copy, or take extracts from, documents  
   48AB.   Power of inspector to seize weapons  
   48A.    Limitation on exercise of powers--location  

   PART VII--FINANCE AND REPORTING REQUIREMENTS

           Division 1--Great Barrier Reef Field Management Special Account

   49.     Great Barrier Reef Field Management Special Account  
   50.     Credits to the Account  
   51.     Purposes of the Account  
   52.     Amounts paid by Queensland  

           Division 2--Reporting requirements

   53.     Annual report  
   54.     Great Barrier Reef Outlook Report  

           Division 3--Exemption from taxation

   55.     Exemption from taxation  

   PART VIIA--COMPULSORY PILOTAGE

   59A.    Purpose of Part  
   59B.    Offence to navigate without a pilot  
   59C.    Offence to enter an Australian port after navigating without a pilot: master and owner liable  
   59D.    Offence to enter an Australian port after navigating without a pilot: owner liable  
   59E.    Pilots to issue certificates  
   59F.    Exemption from requirement to navigate with a pilot  
   59G.    Review by the Administrative Appeals Tribunal  
   59H.    Defence in proceedings for offences  
   59I.    Prosecution of offences  
   59J.    Time for commencing prosecutions  
   59K.    Service of summons or process  
   59L.    Powers of inspector--compulsory pilotage area  
   59M.    Limitation on exercise of powers--location  

   PART VIII--MISCELLANEOUS

   61.     Delegation  
   61A.    Restoration of environment etc.  
   61B.    Liability for expenses incurred by the Commonwealth or the Authority resulting from contravention of this Act  
   61C.    Enforcement of orders for payment  
   62.     Averment in relation to Marine Park  
   63.     Jurisdiction of courts  
   64.     Conduct of directors, servants and agents  
   65.     Act to apply subject to international obligations  
   66.     Regulations  
           SCHEDULE 1