Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"AAT" means the Administrative Appeals Tribunal.
"agreement" includes a treaty or convention.
"aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
"amendment" , in relation to a plan of management, means an amendment of such a plan that is prepared under section 39ZG.
"animal" means any member, alive or dead, of the animal kingdom (other than man), and includes:
(a) eggs or parts of eggs; and
(b) the skin, feathers, shell or any other part of an animal.
"Australian coastal sea" means any sea or waters the sovereignty in respect of which is declared by the Seas and Submerged Lands Act 1973 to be vested in the Crown in right of the Commonwealth, but does not include any waters referred to in section 14 of that Act.
"Authority" means the Great Barrier Reef Marine Park Authority established by this Act.
"Chairperson" means the Chairperson of the Authority.
"charge" means charge imposed by:
(a) the Great Barrier Reef Marine Park (Environmental Management Charge--General) Act 1993 ; or
(b) the Great Barrier Reef Marine Park (Environmental Management Charge--Excise) Act 1993 .
"chargeable permission" means a permission granted under the regulations, where the permission is of a kind declared by the regulations to be a chargeable permission for the purposes of this Act.
"compulsory pilotage area" means any part of the Great Barrier Reef Region that is prescribed by the regulations.
"continental shelf of Australia" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"Director" has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999 .
"ecological community" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .
"enforcement provision" , in relation to a plan of management or an amendment of a plan of management, has the meaning given by subsection 39ZD(5) or by that subsection as it has effect because of subsection 39ZG(2), as the case may be.
"environmental management" means:
(b) natural resource management;
(c) park management (including aquarium management and zoo management); or
(d) any similar matter.
"evidential material" means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form.
"farming facility" means a facility for the farming of marine resources.
(a) a search of a person conducted by quickly running the hands over the person's outer clothing; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
"Great Barrier Reef Region" means:
(a) the area described in Schedule 1; and
(b) such area (if any) contiguous with the northern boundary of that area as is prescribed;
other than any part of such an area that is referred to in section 14 of the Seas and Submerged Lands Act 1973 or is an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth.
"Great Barrier Reef World Heritage Area" means the area described in Schedule 1.
"hovercraft" means a vehicle designed to be supported on a cushion of air.
(a) a person appointed as an inspector under section 43; or
(b) a person referred to in section 44.
"landing area" means an area for the landing of aircraft.
"late payment penalty" means an amount payable under subsection 39G(1), (1A) or (1B).
"Marine Park" means the Great Barrier Reef Marine Park established by this Act.
"master" means a person having command or charge of a vessel.
"member" means a member of the Authority.
"mitigate" , in relation to damage, includes prevent further damage.
"navigate without a pilot" has the meaning given by subsections (5) and (6).
"offence against this Act" includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
"oil" has the same meaning as in Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 .
"oil tanker" means a vessel fitted with cargo spaces that are constructed and used to carry oil in bulk of a total capacity of at least 200 cubic metres.
"operations for the recovery of minerals" includes prospecting or exploration for minerals.
"ordinary search" means a search of a person or of articles in a person's possession that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
"overall length" has the meaning given by subsection (7) or (8).
"owner" has the meaning given by subsection (9) or (10).
"part-time member" means a member appointed as a part-time member.
(a) who does not belong to, but has the conduct of, a vessel; and
(b) who is licensed or registered under a prescribed law of the Commonwealth, a State or a Territory.
"pilot's certificate" means a certificate issued by a pilot under section 59E.
"plan of management" means a plan of management for the Marine Park that is prepared under section 39ZD.
"plant" means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.
"port" has the same meaning as in the Navigation Act 1912 .
"regulated ship" means any kind of vessel:
(a) that is 70 metres or longer in overall length; or
(b) that is a loaded:
(i) oil tanker; or
(ii) chemical carrier; or
(iii) liquefied gas carrier;
other than:
(c) a vessel belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia; or
(d) a vessel in respect of which an exemption under section 59F is in force.
"right" does not include sovereign rights.
"seizable item" means anything that would present a danger to a person or could be used to help a person to escape from lawful custody.
"species" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .
"this Act" includes the regulations.
"unzoned area" means that part (if any) of the Marine Park in respect of which no zoning plan is in force.
"vessel" means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, and includes a hovercraft.
"zone" means a zone created by a zoning plan.
"zoning plan" means a zoning plan prepared in pursuance of section 32.
(2) In this Act, a reference to the sea‑bed includes a reference to the surface of any coral formation, and a reference to the sub‑soil includes a reference to the coral beneath the surface of any such formation.
(3) In this Act, a reference to public notice is a reference to notice published:
(a) in the Gazette ; and
(b) in each State and Territory, in a newspaper circulating throughout that State or Territory.
(4) A reference in this Act (other than in this subsection) to an offence against a provision of this Act includes a reference to an offence against:
(a) section 6 of the Crimes Act 1914 ; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code ;
that relates to an offence against a provision of this Act.
(5) Subject to subsection (6), a vessel navigates without a pilot if it does not have a pilot on board navigating it.
(6) If:
(a) apart from this subsection, a vessel navigates without a pilot; and
(b) the vessel is being towed by another vessel that is navigating with a pilot;
the vessel under tow is to be treated as if it were navigating with a pilot.
(7) Subject to subsection (8), the overall length of a vessel is 110% of the length as shown on the vessel's load‑line certification.
(8) If the overall length of a vessel cannot be worked out under subsection (7), the length is taken to be the distance between:
(a) a vertical line passing through a point that is the foremost part of the stem; and
(b) a vertical line passing through a point that is the aftermost part of the stern.
(9) Subject to subsection (10), owner , in relation to a vessel, means the person or each of the persons who are registered as owner of the vessel on the registration certificate granted either:
(a) by the Registrar of Ships under section 19 of the Shipping Registration Act 1981 ; or
(b) by a foreign registrar of ships.
(10) In the case of a vessel that is operated by a person who is not an owner of the vessel, a reference in this Act to the owner includes a reference to the operator.
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