GREAT BARRIER REEF REGION (PROHIBITION OF MINING) REGULATIONS 1999 1999 NO. 339

GREAT BARRIER REEF REGION (PROHIBITION OF MINING) REGULATIONS 1999 1999 NO. 339

STATUTORY RULES 1999 No. 339

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT AND HERITAGE

Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Region (Prohibition of Mining) Regulations 1999

Purpose of Regulations

The purpose of these Regulations is to prohibit operations for the recovery of minerals in that part of the Great Barrier Reef Region (established under the Great Barrier Reef Marine Park Act 1975) which is not for the time being a part of the Great Barrier Reef Marine Park.

Purpose of Amendments

The purpose of these Regulations is to prohibit operations for the recovery of minerals in those parts of the Great Barrier Reef Region (established under the Great Barrier Reef Marine Park Act 1975) which are not for the time being a part of the Great Barrier Reef Marine Park.

Background

Operations for the recovery of minerals have been prohibited in the Great Barrier Reef Marine Park since the enactment of the Act in 1975. The Great Barrier Reef Marine Park has been increased progressively since that time to the stage where it now occupies approximately 98.5% of the area within which the Act enables a Marine Park to be established (that is, the Great Barrier Reef Region). Whilst drilling for petroleum was already prohibited in the Marine Park under the existing provisions, the Great Barrier Reef (Prohibition on Drilling for Petroleum) Regulations were put into place to prohibit drilling for petroleum in those parts of the Great Barrier Reef Region that had not for the time been included into the Marine Park. Mining activities, other than drilling for petroleum, were not prohibited under the Act in those areas outside the Marine Park, but within the Great Barrier Reef Region.

There has been recent concern about whether mining for oil shale was within the prohibition of the Great Barrier Reef (Prohibition on Drilling for Petroleum) Regulations. Oil shale mining activities in the Region are likely to result in large scale sediment disturbance which in turn would lead to a decrease in water quality in the Marine Park, direct habitat loss for flora and fauna in the Marine Park and alienation of other uses of the Marine Park. A number of oil shale mining operations are proposed in areas which straddle the Great Barrier Reef Region boundary. To remove any doubt about the existing prohibition and to ensure other operations for the recovery of minerals which may affect the Great Barrier Reef Marine Park are also prohibited, the Government has repealed the Great Barrier Reef (Prohibition on Drilling for Petroleum) Regulations and replaced them with these Regulations. These regulations will more effectively and explicitly give effect to the Governments intention to protect the Great Barrier Reef Marine Park from the impacts of mining activities.

Regulation Details

The Regulations will introduce a regime prohibiting operations for the recovery of minerals in areas of the Great Barrier Reef Region that are not for the time being included in the Great Barrier Reef Marine Park. A person who contravenes the prohibition is liable to a penalty of up to 50 penalty units ($5,500). A company would be liable to up to five times that amount (see s. 4B(3) of the Crimes Act 1914).

The Regulations will prohibit operations for the recovery of minerals. Mining operations are defined as including operations for the recovery of minerals, but does not include research and investigations that are intended to enhance the conservation of the Marine Park. Under the Act "operations for the recovery of minerals" includes prospecting and exploration. The term minerals is not defined in the Regulations but will be taken to include sand, limestone, oil shale and petroleum in addition to minerals obtained from the sea water itself.

The Great Barrier Reef Marine Park ("the GBRMP") covers approximately 98.5% of the Great Barrier Reef Region ("the GBRR"). Those parts of the GBRR which have not yet been included in the GBRMP are generally areas along the east coast of Queensland.

Through a process of continual negotiation with the State of Queensland, the Commonwealth is seeking to include that portion of GBRR not yet within the GBRMP. The recent inclusion of the Gumoo Woodjabuddee into the GBRMP is an example of this close cooperation .

Prior to the making of the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999, only drilling for petroleum was prohibited in that part of the GBRR. which was not for the time being included in the GBRR (Great Barrier Reef Marine Park (Prohibition of Drilling for Petroleum) Regulations). The Great Barrier Reef Marine Park (Prohibition of Drilling for Petroleum) Repeal Regulations 1999 repealed those former regulations and the new Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 replace them with a more comprehensive scheme analogous to that which applies over the GBRMP.

"Operations for the recovery of minerals" has the same meaning as in the Principal Act and includes prospecting or exploring for minerals (s.3 of the Principal Act). The term minerals is not defined in the Regulations but will be taken to include sand, limestone, oil shale and petroleum in addition to minerals obtained from the sea water itself.

Research or investigations intended to enhance the conservation of the Marine park are not affected by the prohibition, however research connected to mining operations are prohibited under these regulations.

A penalty of up to 50 penalty units (currently $5,500) will apply for a contravention of the Regulations. This is the maximum permitted by the Principal Act for Regulations.

The extension of the mining prohibition in the Great Barrier Reef Region demonstrates the Governments ongoing commitment to the protection of the World Heritage values of the Great Barrier Reef World Heritage Area and in particular its commitment to protect the Marine Park.

Impact On Business

A regulation Impact Statement (RIS) for those amendments which have an impact upon business or which restrict competition, in a form approved by the Office of Regulation Review, is included at Attachment 1.

The Regulations commenced on gazettal.

REGULATION IMPACT STATEMENT

Great Barrier Reef Region (Prohibition of Mining) Regulations 1999

PREPARED BY THE GREAT BARRIER REEF MARINE PARK AUTHORITY

INTRODUCTION

1.       The object of the Great Barrier Reef Marine Park Act 1975 is to make provision for and in relation to the establishment, control, care and development of a marine park in the Great Barrier Reef Region.

2.       The Great Barrier Reef Marine Park has been proclaimed in a number of sections comprising approximately 98.5% of the Great Barrier Reef Region.

3.       Within the Great Barrier Reef Marine Park operations for exploration and recovery of minerals for purposes other than research approved by the Great Barrier Reef Marine Park Authority and relevant to the establishment, care and development of the Marine Park, are banned under Section 38 of the Great Barrier Reef Marine Park Act.

4.       in those areas of the Great Barrier Reef Region along the coast of Queensland that are not included within the Great Barrier Reef Marine Park, operations for exploration and recovery of petroleum were previously prohibited under the Great Barrier Reef Marine Park (Prohibition on Drilling for Petroleum) Regulations.

5.       The existence of mining and exploration permits and leases adjacent to the Great Barrier Reef Region with possible extensions to areas beneath the seabed of the Great Barrier Reef Region, not part of the Marine Park, raised the possibility of mining operations within the Region for the recovery of oil shale. The Minister for Environment has announced that the government intends, by these regulations, to make it clear that a similar prohibition on mining which applies to the area of the Great Barrier Reef Marine Park through Section 38 of the Great Barrier Reef Marine Park Act, shall apply to those areas of the Reef Region which are not for the time being within the Marine Park.

WHAT IS THE PROBLEM BEING ADDRESSED?

6.       The issue addressed by these Regulations is to put beyond doubt the exclusion of operations for exploration or recovery of minerals for purposes other than research intended to enhance conservation of the Marine Park in

7.       Mining operations may cause pollution to the waters adjacent to the Marine Park in a manner which may harm animals and plants in the Marine Park.

OBJECTIVES

WHAT ARE THE OBJECTIVES OF GOVERNMENT ACTION?

8.       To prevent operations for exploration and recovery of minerals in those parts of the Great Barrier Reef Region which are not part of the Great Barrier Reef Marine Park and thereby protect the Marine Park and its living resources from adverse effects.

OPTIONS

WHICH REGULATORY AND NON-REGULATORY OPTIONS FOR DEALING WITH THE PROBLEM WERE CONSIDERED?

9.       Several statements have been made by the current Minister for the Environment regarding the intention of the governments to preclude mining in those parts of the Great Barrier Reef Region not within the Great Barrier Reef Marine Park. Despite this, the immediate technical possibility remains that such operations could occur since there are no regulations which specifically prohibit them.

10.       The Commonwealth intends that the matter will be addressed in the longer term inclusion into the Great Barrier Reef Marine Park of those areas of the Great Barrier Reef Region which are not yet part of the Marine Park. The process of preparation of the necessary declaration reports in accordance with the Great Barrier Reef Marine Park Act 1975 will take several months and these regulations will provide immediate coverage which will be superseded once the areas are part of the Marine Park.

IMPACT ANALYSIS

WHO IS LIKELY TO BE AFFECTED?

11.       Groups and individuals who could be affected would be those who have, or intend to seek to undertake exploration, prospecting or recovery for minerals in the areas of the Great Barrier Reef Region which are not part of the Marine Park. The Queensland Department of Mines has advised that there are no such leases.

CONCLUSION AND RECOMMENDED OPTIONS

The necessary and unambiguous clarity of purpose of exclusion of mining for minerals or oil shale within the Great Barrier Reef Region can only be provided by regulation.

it is recommended that regulatory action be taken to prohibit operations for the recovery of minerals in areas of the Great Barrier Reef Region which are not part of the Marine Park.