Commonwealth Consolidated Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 1983 - REG 3

         (1)   In these Regulations:

"Act means the Great Barrier Reef Marine Park" Act 1975 .

"Amalgamated Great Barrier Reef Section means the area
to which that name is assigned by the Great Barrier
Reef" (Declaration of Amalgamated Marine Park Area) Proclamation 2004 .

"application" , for a permission, means an application that has not been withdrawn.

"authorisation" means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under regulation 83.

authority :

                (a)    for regulation 47 -- has the meaning given by the Queensland fisheries legislation; and

               (b)    elsewhere in these regulations -- means an authority given under regulation 88ZF.

bareboat means a vessel that is:

                (a)    registered as a commercial ship under the Transport Operations (Marine Safety) Regulation 2004 of Queensland; and

               (b)    more than 6 metres in length; and

                (c)    made available for use without master or crew.

Examples

Cruiser, houseboat, yacht.

bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.

"business day" means a day that is not a Saturday, Sunday or public holiday in Queensland.

"Cairns Planning Area has the meaning given by the Cairns" Area Plan of Management 1998 .

"Commonwealth island" means an island that is:

                (a)    owned by the Commonwealth; and

               (b)    within the Marine Park.

"cruise ship anchorage has the same meaning as designated anchorage" .

"Defence Force" has the meaning given by section 30 of the Defence Act 1903 .

"designated anchorage" means a point or an area described in Schedule 1.

dory means:

                (a)    a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used in association with a primary commercial fishing vessel; or

               (b)    a vessel that is used in association with a primary commercial fishing vessel.

"drying reef" means an area of reef exposed at low tide.

"high-speed vessel" means a personal watercraft, hovercraft or wing-in-ground-effect, or a vessel of any kind if operated faster than 35 knots.

"Hinchinbrook Planning Area" has the meaning given by the Hinchinbrook Plan of Management 2004 .

"modify" , in relation to a condition, includes vary, add, omit and substitute.

motorised water sport means any of the following activities:

                (a)    irregular driving of a motorised vessel -- that is, driving the vessel otherwise than in a straight line (except for necessary turns or diversions), including:

                          (i)    driving in a circle or other pattern; or

                         (ii)    weaving or diverting; or

                        (iii)    surfing down, or jumping over or across, any wave, swell or wash;

               (b)    an activity in which a high-speed vessel or motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);

                (c)    an activity in which a personal watercraft is used, except:

                          (i)    for transport by taking the most direct reasonable route and driving in a regular manner between 2 places; or

                         (ii)    if the personal watercraft can only be operated when fully submerged under the water and for the primary purpose of viewing coral.

"permission" means a permission to which Part 2A applies.

"permitted mooring" means a mooring, other than a mooring installed by, or for, the Authority, for which the Authority has granted a permission.

personal watercraft has the same meaning as in the Transport Operations (Marine Safety) Regulation 2004 of Queensland.

primary commercial fishing vessel means:

                (a)    a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used to take fish for commercial purposes; or

               (b)    a vessel that is used to take fish for commercial purposes.

"Queensland fisheries legislation" has the meaning given by regulation 30.

"SMA" is an acronym of Special Management Area.

"special permission" has the meaning given in subregulation 88G (1).

"special tourism permission" means a permission to conduct a tourist program, or to conduct an activity under a tourist program, where the Regulations or a plan of management has imposed a limit on the number of such permissions that may be granted.

"swimming-with-whales activity" has the same meaning as in Part 4A.

"tender commercial fishing vessel has the same meaning as dory" .

"TUMRA" is an acronym for traditional use of marine resources agreement.

"Uniform Shipping Laws Code" has the meaning given by section 427 of the Navigation Act 1912 .

"whale watching activity" has the same meaning as in Part 4A.

"Whitsunday Planning Area" has the meaning given by the Whitsundays Plan of Management 1998 .

"Zoning Plan means the Great Barrier Reef Marine Park" Zoning Plan 2003 .

         (2)   For the purposes of subsection 39ZC (1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 88 (1) (b) or (c).