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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Marine Parks Bill 2004
Queensland
Marine Parks Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Territorial application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 2 Marine parks
Division 1 Establishment
8 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Revocation
9 Revocation of park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Publication of revocation notice . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Revocation of park included in or amalgamated with
another park .................................. 14
12 Revocation of park comprising a protected area under the
Nature Conservation Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3 Reclamation of tidal land, and revocation
13 Simplified outline of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Notice of proposed revocation of reclaimed part of park . . . . . . . 15
15 Permission for carrying out proposed reclamation . . . . . . . . . . . . 16
16 EIS required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Public consultation about EIS and other information . . . . . . . . . . 19
18 Certificate of satisfactory completion . . . . . . . . . . . . . . . . . . . . . . 19
19 Revocation of reclaimed part of park . . . . . . . . . . . . . . . . . . . . . . 19
Division 4 Other provisions about marine parks
20 What park comprises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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Marine Parks Bill 2004
Part 3 Zoning and management plans
Division 1 Zoning plans
Subdivision 1 Prescription
21 Zoning plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Preparation and notice of draft plan . . . . . . . . . . . . . . . . . . . . . . . 22
23 Preparation of final plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 Content of zoning plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 2 Amendment
25 Amendment of zoning plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Preparation and notice of draft amendment . . . . . . . . . . . . . . . . . 25
27 Preparation of final amendment . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 3 Other provisions
28 Tabling of statement with zoning plan or amendment . . . . . . . . . 26
Division 2 Management plans
Subdivision 1 Approval
29 Approval of management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Preparation of draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Public notice of draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Preparation of final plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
33 When management plan has effect . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 2 Amendment and review
34 Approval of amendment of management plan . . . . . . . . . . . . . . . 29
35 Preparation and notice of draft amendment . . . . . . . . . . . . . . . . . 30
36 Public notice of draft amendment . . . . . . . . . . . . . . . . . . . . . . . . . 30
37 Preparation of final amendment . . . . . . . . . . . . . . . . . . . . . . . . . . 32
38 When amendment has effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
39 Review of management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 3 Other provisions
40 Public access to current management plan . . . . . . . . . . . . . . . . . 32
41 Chief executive may enter into cooperative arrangement for
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
42 Moratorium on grant of new permissions . . . . . . . . . . . . . . . . . . . 33
Part 4 Offences
Division 1 Entry to or use of marine park
43 Entry or use for a prohibited purpose . . . . . . . . . . . . . . . . . . . . . . 34
44 Entry or use without an authority . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Entry or use requiring notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Marine Parks Bill 2004
Division 2 Other offence provisions
46 False or misleading information given by applicant . . . . . . . . . . . 35
47 False or misleading documents given by applicant . . . . . . . . . . . 36
48 Noncompliance with temporary restricted area declaration . . . . . 36
49 Noncompliance with conditions of an authority . . . . . . . . . . . . . . 36
50 Unlawful serious environmental harm . . . . . . . . . . . . . . . . . . . . . 37
51 Unlawful use of particular words . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 5 Monitoring and enforcement
Division 1 Inspectors
52 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 39
54 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
55 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 40
56 When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . 40
57 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
58 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2 Powers of inspectors
Subdivision 1 Entry to places
59 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 2 Procedure for entry
60 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
61 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
62 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
63 Application by electronic communication and duplicate warrant . 44
64 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 3 Powers after entry
66 General powers after entering places. . . . . . . . . . . . . . . . . . . . . . 47
67 Power to require reasonable help or information . . . . . . . . . . . . . 47
Subdivision 4 Other powers
68 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 48
69 Power to require information about contravention . . . . . . . . . . . . 49
70 Power to stop persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Power to give direction to leave area . . . . . . . . . . . . . . . . . . . . . . 50
72 Power to stop and search vessels, vehicles and aircraft . . . . . . . 51
73 Power to require driver or person in control to give reasonable
help etc. ..................................... 53
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Marine Parks Bill 2004
Subdivision 5 Power to seize evidence
74 Seizing evidence at place entered under s 59 . . . . . . . . . . . . . . . 53
75 Seizing evidence on or in vessel, vehicle or aircraft entered
or boarded under s 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
76 Powers in support of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
77 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
78 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
79 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
80 Inspector may dispose of natural resources taken unlawfully . . . 56
81 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
82 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
83 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
84 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 3 General enforcement matters
85 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
86 Inspector's obligation not to cause unnecessary damage . . . . . . 59
87 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
88 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
89 False or misleading information given to inspector. . . . . . . . . . . . 60
90 False or misleading documents given to inspector. . . . . . . . . . . . 60
91 Obstructing an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
92 Impersonating an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 4 Compliance notices
93 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 6 Other provisions for protecting the environment and users
of marine parks
Division 1 Preliminary
94 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 2 Temporary restricted area declaration
95 Temporary restricted area declaration . . . . . . . . . . . . . . . . . . . . . 64
96 Expiry of declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
97 Declaration is not subordinate legislation . . . . . . . . . . . . . . . . . . . 65
98 Temporary restricted area declaration prevails over regulation,
zoning plan or authority ........................... 65
Division 3 Directions for protecting environment and users
99 Inspector's power to give directions . . . . . . . . . . . . . . . . . . . . . . . 65
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Marine Parks Bill 2004
Division 4 Removing abandoned, stranded, sunk or wrecked property
Subdivision 1 Removal of property other than in urgent circumstances
100 Inspector's power to remove property . . . . . . . . . . . . . . . . . . . . . 67
101 Removal notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
102 Seizure, removal and disposal without giving removal notice . . . 69
Subdivision 2 Removal of property in urgent circumstances
103 Inspector's power to remove property . . . . . . . . . . . . . . . . . . . . . 69
104 Removal notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 3 Dealing with property after removal
105 Action inspector may take if property not claimed . . . . . . . . . . . . 72
106 Dealing with proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
107 Release of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
108 Recovery of costs of removal etc. . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 5 Restoration of environment etc.
109 Restoration of environment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Part 7 Proceedings for enforcement orders
Division 1 Preliminary
110 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 2 Enforcement orders
111 Proceeding for enforcement orders . . . . . . . . . . . . . . . . . . . . . . . 75
112 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . 76
113 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
114 Effect of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
115 Court's powers about orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 3 General procedural provision
116 Proceeding brought in representative capacity . . . . . . . . . . . . . . 79
Part 8 Appeals and review
Division 1 Preliminary
117 Appeal against particular decisions must be by way of
internal review or ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 2 Internal review
118 Applying for an internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
119 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
120 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 81
Division 3 Appeals to Magistrates Court
121 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
122 Appellant to give notice of appeal. . . . . . . . . . . . . . . . . . . . . . . . . 82
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Marine Parks Bill 2004
123 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
124 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Part 9 Legal proceedings
Division 1 Evidence
125 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
126 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
127 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
128 Certificate about evidence of location of aircraft or vessel . . . . . . 84
129 Evidentiary matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 2 Matters about offence proceedings and indictable and
summary offences
130 Types of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
131 Proceedings for indictable offence . . . . . . . . . . . . . . . . . . . . . . . . 87
132 Limitation on who may summarily hear indictable offence . . . . . . 87
133 Limitation on time for starting summary proceeding. . . . . . . . . . . 88
134 Allegations of false or misleading information or documents . . . . 89
135 Responsibility for acts or omissions of representatives . . . . . . . . 89
136 Executive officers responsible for ensuring corporation
complies with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
137 Holder of authority responsible for ensuring Act complied with . . 90
138 Responsibility for offences committed with use of vessel,
vehicle or aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
139 Court's powers on conviction for an offence . . . . . . . . . . . . . . . . . 92
Division 3 Judicial review of administrative decisions
140 Extended standing for judicial review . . . . . . . . . . . . . . . . . . . . . . 93
Part 10 Miscellaneous
Division 1 Codes of practice
141 Approval or making of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
142 When code has effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
143 Access to code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 2 Other miscellaneous provisions
144 Public authority's obligation about threatening incidents
for marine parks ................................. 96
145 Chief executive's power to decide fee for producing a
copy of a document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
146 Delegation of Minister's powers . . . . . . . . . . . . . . . . . . . . . . . . . . 97
147 Protecting prescribed persons from liability . . . . . . . . . . . . . . . . . 98
148 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
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Marine Parks Bill 2004
149 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
150 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
151 Relationship between regulation and zoning plan . . . . . . . . . . . . 99
Part 11 Transitional provisions
152 References to Marine Parks Act 1982 . . . . . . . . . . . . . . . . . . . . . 100
153 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
154 Existing marine parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
155 Existing zoning plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
156 Existing management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
157 Existing notices about designated areas . . . . . . . . . . . . . . . . . . . 101
158 Existing limitation on application of regulation and zoning
plan made under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
159 Existing temporary restricted areas . . . . . . . . . . . . . . . . . . . . . . . 102
160 Existing permissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
161 Existing applications for permissions . . . . . . . . . . . . . . . . . . . . . . 102
162 Existing orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
163 Existing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 12 Validation and declaration provisions
164 Validation of existing zoning plans and permissions authorising
reclamation of tidal land in a marine park. . . . . . . . . . . . . . . . . . . 103
165 Declaration about authorised reclamation of tidal land
in a marine park .................................. 104
166 Effect of validation and declaration on proceedings . . . . . . . . . . . 104
Part 13 Amendment of Marine Parks Act 1982
167 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
168 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
10A Territorial application of Act . . . . . . . . . . . . . . . . . . . . 105
Part 14 Repeal
169 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Part 15 Consequential amendments of other Acts
Division 1 Amendment of Coastal Protection and Management
Act 1995
170 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
171 Amendment of s 75 (Criteria for deciding applications) . . . . . . . . 106
172 Amendment of s 93 (Approving or refusing to approve plans) . . . 106
Division 2 Amendment of Fisheries Act 1994
173 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
174 Amendment of schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
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Marine Parks Bill 2004
Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Schedule
2004
A BILL
for
An Act to provide for marine parks and the conservation of the
marine environment, and for other purposes
s1 10 s5
Marine Parks Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Marine Parks Act 2004. 4
2 Commencement 5
(1) Parts 12 and 13 commence on assent. 6
(2) The remaining provisions of this Act commence on a day to 7
be fixed by proclamation. 8
3 Definitions 9
The dictionary in the schedule defines particular words used 10
in this Act. 11
4 Notes in text 12
A note in the text of this Act is part of the Act. 13
5 Purpose of Act 14
(1) The main purpose of this Act is to provide for conservation of 15
the marine environment. 16
(2) The purpose is to be achieved by a comprehensive and 17
integrated strategy that involves, among other things, each of 18
the following-- 19
(a) the declaration of marine parks; 20
(b) the establishment of-- 21
(i) zones, designated areas and highly protected areas 22
within marine parks; and 23
(ii) zoning plans and management plans; 24
s6 11 s7
Marine Parks Bill 2004
(c) the cooperative involvement of public authorities and 1
other interested groups and persons, including members 2
of Aboriginal and Torres Strait Islander communities; 3
(d) the cooperative implementation of Australia's 4
international responsibilities, and intergovernmental 5
agreements and instruments; 6
(e) a coordinated and integrated approach with other 7
environment conservation legislation; 8
(f) recognition of the cultural, economic, environmental 9
and social relationships between marine parks and other 10
areas, whether of water or land; 11
(g) the provision of opportunities for public appreciation, 12
understanding and enjoyment of the marine 13
environment; 14
(h) application of the precautionary principle in 15
decision-making processes; 16
(i) monitoring and enforcing compliance with this Act. 17
(3) Also, the Commonwealth and the State have agreed that, in 18
conserving marine parks, the State is to maintain, as far as 19
practicable, legislation in line with the Commonwealth Act. 20
6 Act binds all persons 21
(1) This Act binds all persons, including the State, and, as far as 22
the legislative power of the Parliament permits, the 23
Commonwealth and the other States. 24
(2) Nothing in this Act makes the Commonwealth, the State or 25
another State liable to be prosecuted for an offence. 26
7 Territorial application of Act 27
(1) This Act applies both within and outside Queensland. 28
(2) This Act applies outside Queensland to the full extent of the 29
extraterritorial legislative power of the Parliament. 30
(3) If all or part of a marine park is within a marine park 31
established under the Commonwealth Act, this Act is intended 32
s8 12 s8
Marine Parks Bill 2004
to operate only to the extent that it is consistent with the 1
operation of the Commonwealth Act. 2
Part 2 Marine parks 3
Division 1 Establishment 4
8 Declaration 5
(1) A regulation may declare-- 6
(a) an area, whether or not it includes all or part of an 7
existing marine park, to be a marine park; or 8
(b) 2 or more existing marine parks, whether or not they are 9
contiguous, to be a single marine park. 10
(2) Areas that may be declared under subsection (1)(a) are all or 11
any of the following-- 12
(a) an area of Queensland waters;1 13
(b) an area of waters subject to tidal influence; 14
(c) an area of waters or land, whether or not subject to tidal 15
influence, contiguous with and having a cultural, 16
economic, environmental or social relationship with the 17
waters mentioned in paragraph (a) or (b); 18
(d) an area of land within the waters mentioned in 19
paragraph (a) or (b); 20
(e) an area of land from time to time covered by the waters 21
mentioned in paragraph (a) or (b); 22
(f) without limiting paragraph (c), an area of waters beyond 23
the outer limits of Queensland waters connected with 24
Queensland. 25
(3) A regulation under subsection (1) must-- 26
1 See the Acts Interpretation Act 1954, section 36, definition Queensland waters.
s9 13 s 10
Marine Parks Bill 2004
(a) define the boundaries of the park's declared area by a 1
map or an appropriate description; and 2
(b) give a name to the park. 3
(4) Without limiting subsection (2)(f), areas of water mentioned 4
in the subsection that are connected with Queensland 5
include-- 6
(a) any area regulated under a law of Queensland other than 7
this Act; and 8
(b) any area containing anything owned by the State or 9
constructed or placed in waters by or under an 10
agreement with or the authority of the State. 11
12
Example--
13
an artificial reef
Division 2 Revocation 14
9 Revocation of park 15
(1) A regulation may revoke the declaration of all or part of a 16
marine park. 17
(2) However, subject to sections 11, 12 and 19, the regulation 18
may be made only if the Legislative Assembly has, on a 19
motion of which at least 28 days notice has been given, passed 20
a resolution requesting the revocation. 21
10 Publication of revocation notice 22
(1) Within 10 days after the notice of motion mentioned in 23
section 9(2) is given, the chief executive must publish notice 24
of the proposed revocation (the revocation notice) in-- 25
(a) a newspaper circulating in the locality of the marine 26
park; and 27
(b) a newspaper circulating throughout the State. 28
(2) The revocation notice must state-- 29
(a) the marine park's name; and 30
s 11 14 s 12
Marine Parks Bill 2004
(b) whether all or part of the park is to be revoked; and 1
(c) if only part of the park is proposed to be revoked--a 2
description, by map or otherwise, of the part of the park 3
proposed to be revoked. 4
11 Revocation of park included in or amalgamated with 5
another park 6
(1) This section applies if a regulation made under section 8 7
declares-- 8
(a) an area that includes all or part of an existing marine 9
park (the existing area) to be a marine park; or 10
(b) 2 or more existing marine parks (each also the existing 11
area) to be a single marine park. 12
(2) A regulation may revoke the declaration of the existing area as 13
all or part of the existing marine park without a resolution of 14
the Legislative Assembly mentioned in section 9(2). 15
16
Examples--
17
1. Existing marine park A includes areas 1 and 2. A regulation
18
mentioned in subsection (1)(a) declares an area, including area 2, to
19
be marine park B. The declaration of area 2 as part of marine park A
20
may be revoked under this subsection.
21
2. A regulation mentioned in subsection (1)(b) amalgamates marine
22
parks A and B to form marine park C. The declaration of marine
23
parks A and B may be revoked under this subsection.
24
3. A regulation mentioned in subsection (1)(b) amalgamates marine
25
parks A and B to form an increased marine park A. The declaration
26
of existing marine parks A and B may be revoked under this
27
subsection.
12 Revocation of park comprising a protected area under 28
the Nature Conservation Act 1992 29
(1) This section applies if-- 30
(a) a part of a marine park is dedicated as a protected area 31
under the Nature Conservation Act 1992; and 32
(b) the dedication of the protected area provides a higher 33
level of protection of the park's marine environment 34
than is provided for under this Act. 35
s 13 15 s 14
Marine Parks Bill 2004
(2) A regulation revoking the declaration of the part of the park 1
comprising the protected area may be made without a 2
resolution of the Legislative Assembly mentioned in 3
section 9(2). 4
Division 3 Reclamation of tidal land, and 5
revocation 6
13 Simplified outline of div 3 7
Generally, this division provides for the procedure for 8
revoking, in particular circumstances, the declaration of a 9
reclaimed part of a marine park without the need for a 10
resolution of the Legislative Assembly mentioned in 11
section 9(2). 12
14 Notice of proposed revocation of reclaimed part of park 13
(1) The Governor in Council may, by gazette notice, state an 14
intention to make a regulation revoking the declaration of a 15
reclaimed part of a stated marine park if the chief executive-- 16
(a) issues a permission for the reclamation under 17
section 15; and 18
(b) gives the permission holder a certificate of satisfactory 19
completion for the reclamation. 20
(2) The notice must state-- 21
(a) the name, or other identification particulars, of the park 22
the subject of the proposed revocation; and 23
(b) a description, by map or otherwise, of the proposed 24
boundaries of the reclaimed part of the park; and 25
(c) the notice's expiry date. 26
(3) The notice remains in force until-- 27
(a) the end of its expiry date; or 28
(b) if a regulation revokes the declaration of the reclaimed 29
part of the park before the expiry date--the 30
commencement of the regulation. 31
s 15 16 s 15
Marine Parks Bill 2004
(4) The notice is not subordinate legislation. 1
(5) However, the Statutory Instruments Act 1992, sections 49 2
to 51 apply to the notice as if it were subordinate legislation. 3
4
Note--
5
These provisions deal with the tabling in, and disallowance by, the
6
Legislative Assembly of subordinate legislation.
15 Permission for carrying out proposed reclamation 7
(1) This section applies if-- 8
(a) either-- 9
(i) a zoning plan allows the chief executive to issue a 10
permission for reclaiming particular tidal land in a 11
marine park; or 12
(ii) tidal land not included in a zone is proposed to be 13
reclaimed; and 14
(b) the land is not in a highly protected area; and 15
(c) the declaration of the reclaimed part of the park is 16
intended to be revoked on completion of the 17
reclamation. 18
(2) The chief executive may issue a permission for the 19
reclamation if-- 20
(a) a notice under section 14 for the reclamation is in force; 21
and 22
(b) if section 16 applies to the proposed reclamation--the 23
applicant for the permission has complied with the 24
section and any requirement for additional information 25
made by the chief executive under the section; and 26
(c) the chief executive is satisfied the permission should be 27
issued having considered-- 28
(i) each EIS and any additional information given to 29
the chief executive under section 16; and 30
(ii) any written submissions made about the EIS and 31
information; and 32
s 16 17 s 16
Marine Parks Bill 2004
(iii) other matters the chief executive is required, under 1
a regulation or zoning plan, to consider in issuing 2
the permission; and 3
(iv) any other matter the chief executive considers 4
relevant. 5
(3) To remove any doubt, it is declared that the chief executive 6
may impose conditions on the permission, or amend, suspend 7
or cancel the permission, as allowed under a regulation or 8
zoning plan. 9
(4) Despite subsection (1), this section does not apply if the 10
reclamation is necessary-- 11
(a) to deal with an emergency involving a serious threat to a 12
marine park's environment or use and non-use values; or 13
(b) to protect property from erosion; or 14
(c) to restore property after erosion; or 15
(d) to carry out small-scale works by or for a public 16
authority, for a public purpose, and the works-- 17
(i) are not prohibited under a regulation or zoning 18
plan; and 19
(ii) involve only minimal disturbance to the park's 20
natural resources, or minor alienation of parts of 21
the park from enjoyment by the public. 22
23
Example of small-scale works--
24
the construction of a boat ramp
16 EIS required 25
(1) The applicant for a section 15 permission must give the chief 26
executive an EIS about the proposed reclamation that includes 27
a consideration of-- 28
(a) the proposed use of the reclaimed part of the marine 29
park; and 30
(b) the potential impacts of the proposed reclamation on-- 31
(i) the park's environment and use and non-use 32
values; and 33
s 16 18 s 16
Marine Parks Bill 2004
(ii) the environment of areas of waters or land 1
contiguous with or adjacent to the park. 2
(2) The EIS must also include the information that would, but for 3
section 19(5), be required under the Statutory Instruments 4
Act 1992, section 442 for a regulatory impact statement about 5
the proposed regulation revoking the declaration of the 6
reclaimed part of the park. 7
(3) Unless the EIS was made under another Act or a law of the 8
Commonwealth or another State, it must have been prepared 9
under the guidelines, and address the terms of reference, 10
approved by the chief executive. 11
(4) The chief executive may require the applicant to give the chief 12
executive additional information about a matter-- 13
(a) mentioned in subsection (1); or 14
(b) for which information is required, under subsection (2), 15
to be included in an EIS. 16
(5) The EIS and any additional information given under 17
subsection (4) must be or have been made available for public 18
consultation as required under section 17. 19
(6) The applicant must pay the costs of preparing the EIS and 20
additional information and making it available for public 21
consultation. 22
(7) This section does not apply if the proposed reclamation is for, 23
or expected to result from, carrying out small-scale works. 24
25
Example of small-scale works--
26
the construction of a boat ramp
(8) In this section-- 27
EIS includes an EIS required under-- 28
(a) another Act; or 29
(b) a law of the Commonwealth or another State. 30
2 Statutory Instruments Act 1992, section 44 (Content of regulatory impact statement)
s 17 19 s 19
Marine Parks Bill 2004
17 Public consultation about EIS and other information 1
(1) The applicant for a section 15 permission must publish, in a 2
newspaper likely to be read by persons particularly affected 3
by the proposed reclamation, a notice about the EIS and any 4
additional information given to the chief executive under 5
section 16(4). 6
(2) The notice must state each of the following-- 7
(a) where a copy of the EIS and information are available 8
for inspection; 9
(b) where a copy of the EIS and information may be 10
obtained at a stated reasonable cost; 11
(c) that submissions may be made to the chief executive 12
about the EIS and information; 13
(d) the reasonable period, set by the chief executive, during 14
which a submission may be made. 15
(3) For subsection (2)(b), the stated reasonable cost must not be 16
more than the actual cost of producing the copy. 17
18 Certificate of satisfactory completion 18
If the chief executive is satisfied a reclamation the subject of a 19
section 15 permission has been completed as required under 20
the permission, the chief executive must give the permission 21
holder a certificate of satisfactory completion for the 22
reclamation. 23
19 Revocation of reclaimed part of park 24
(1) This section applies if tidal land in a marine park-- 25
(a) is not in a highly protected area and is reclaimed after 26
the commencement of this section under a permission; 27
or 28
(b) is reclaimed as a result of-- 29
(i) a reclamation mentioned in section 15(4) carried 30
out without contravening this Act; or 31
(ii) unauthorised works carried out before or after the 32
commencement. 33
s 19 20 s 19
Marine Parks Bill 2004
(2) Subject to subsections (3) and (4), a regulation revoking the 1
declaration of the resulting reclaimed part of the park may be 2
made without a resolution of the Legislative Assembly 3
mentioned in section 9(2). 4
(3) If the reclamation was carried out under a permission, 5
subsection (2) applies only if-- 6
(a) for a reclamation that is not abandoned--the chief 7
executive has given the permission holder a certificate of 8
satisfactory completion for the reclamation; or 9
(b) for an abandoned reclamation--the Minister reasonably 10
considers it is impracticable to restore or rehabilitate the 11
reclaimed part to the condition it was in before the 12
reclamation. 13
(4) If the reclamation results from unauthorised works, 14
subsection (2) applies only if the Minister reasonably 15
considers it is impracticable to restore or rehabilitate the 16
reclaimed part to the condition it was in before the 17
reclamation. 18
(5) A regulatory impact statement under the Statutory 19
Instruments Act 1992 need not be prepared for a regulation 20
made under this section. 21
(6) In this section-- 22
permission means-- 23
(a) a section 15 permission; or 24
(b) a permission taken, under section 160,3 to be issued 25
under this Act. 26
unauthorised works means works not authorised under this 27
Act or the repealed Act. 28
3 See section 160 (Existing permissions).
s 20 21 s 20
Marine Parks Bill 2004
Division 4 Other provisions about marine 1
parks 2
20 What park comprises 3
(1) On and after the commencement of this section, a marine park 4
declared before or after the commencement comprises-- 5
(a) the land and waters in the park's declared area, 6
including any land or waters resulting from reclamation 7
works-- 8
(i) carried out after the park is declared; and 9
(ii) for a park declared before the 10
commencement--not completed before the 11
commencement of section 165,4 regardless of 12
whether the works were started before or after the 13
commencement of that section; and 14
(b) the park's associated airspace and subsoil and other 15
natural and cultural resources. 16
(2) In this section-- 17
associated airspace, for a marine park, means the airspace to 18
the height of 915 m above the park. 19
associated subsoil, for a marine park, means the subsoil to a 20
depth of 1 000 m below the surface of the park. 21
4 Section 165 (Declaration about authorised reclamation of tidal land in a marine
park)
s 21 22 s 22
Marine Parks Bill 2004
Part 3 Zoning and management plans 1
Division 1 Zoning plans 2
Subdivision 1 Prescription 3
21 Zoning plan 4
A regulation may prescribe a zoning plan for a marine park if 5
the plan has been prepared under sections 22 and 23. 6
22 Preparation and notice of draft plan 7
(1) The Minister must prepare a draft of the zoning plan 8
complying with section 24 and give public notice about the 9
draft plan. 10
(2) The notice must state-- 11
(a) the name of the marine park the draft plan concerns; and 12
(b) that a copy of the draft plan and the provisions of any 13
document applied, adopted or incorporated by the plan 14
are available for inspection, without charge by the chief 15
executive-- 16
(i) during normal business hours at each department 17
office; and 18
(ii) on the department's web site on the Internet;5 and 19
(c) an invitation to members of the public and other persons 20
to make written submissions to the Minister, within a 21
stated reasonable period, about the draft plan. 22
(3) The stated period must be at least 28 days after the public 23
notice is given. 24
(4) Subsection (2)(b) does not apply if-- 25
(a) the draft plan is substantially uniform or complementary 26
with-- 27
5 The department's web site on the Internet is .
s 23 23 s 24
Marine Parks Bill 2004
(i) another Act; or 1
(ii) a law of the Commonwealth or another State; or 2
(b) the following applies-- 3
(i) the draft plan adopts an Australian or international 4
protocol, standard, code, or intergovernmental 5
agreement or instrument; and 6
(ii) an assessment of the benefits and costs associated 7
with the plan has already been made; and 8
(iii) the assessment was made for, or is relevant to, 9
Queensland; or 10
(c) the Minister considers there has already been adequate 11
other public consultation about the matters the subject 12
of the draft plan. 13
(5) The consultation mentioned in subsection (4)(c) must have-- 14
(a) involved publication of the matters the subject of the 15
draft plan; and 16
(b) been for a period of at least 28 days after the publication 17
within which members of the public could comment on 18
the matters. 19
(6) On payment of the fee, if any, decided by the chief executive, 20
a person may obtain a copy of the draft plan from the chief 21
executive. 22
23 Preparation of final plan 23
The Minister must prepare the final zoning plan-- 24
(a) after considering each submission made to the Minister 25
as required by the public notice given under section 22; 26
and 27
(b) having regard to the purposes of this Act. 28
24 Content of zoning plan 29
(1) The draft and final zoning plan must-- 30
(a) state the following for each zone or designated area 31
within the marine park-- 32
s 25 24 s 25
Marine Parks Bill 2004
(i) its name; 1
(ii) the objects to be achieved for the zone or 2
designated area; 3
(iii) the purpose for which it may be entered or used; 4
and 5
(b) if the park comprises 2 or more zones or designated 6
areas--define the external boundaries of each zone or 7
area by a map or an appropriate description. 8
(2) The plan may provide for-- 9
(a) the reclamation of tidal land; and 10
(b) a maximum penalty of not more than 165 penalty units 11
for a contravention of the plan. 12
(3) Subsection (2) does not limit the matters for which the plan 13
may provide. 14
Subdivision 2 Amendment 15
25 Amendment of zoning plan 16
(1) A regulation may amend a zoning plan if, subject to 17
subsections (2) and (3), the amendment has been prepared 18
under sections 26 and 27. 19
(2) Sections 26 and 27 do not apply if the amendment is-- 20
(a) a minor amendment to-- 21
(i) correct an error in the plan; or 22
(ii) make a change, other than a change of substance, 23
in the plan; or 24
(b) of a type that the zoning plan states may be made under 25
this subsection. 26
(3) Also, the sections do not apply if-- 27
(a) for a zoning plan that is substantially uniform or 28
complementary with another Act or a law of the 29
Commonwealth or another State--the amendment is 30
s 26 25 s 26
Marine Parks Bill 2004
needed to ensure the plan remains substantially uniform 1
or complementary; or 2
(b) each of the following applies-- 3
(i) the amendment adopts an Australian or 4
international protocol, standard, code, or 5
intergovernmental agreement or instrument; 6
(ii) an assessment of the benefits and costs associated 7
with the amendment has already been made; 8
(iii) the assessment was made for, or is relevant to, 9
Queensland; or 10
(c) the Minister considers there has already been adequate 11
other public consultation about the matters the subject 12
of the amendment. 13
(4) The consultation mentioned in subsection (3)(c) must have-- 14
(a) involved publication of the matters the subject of the 15
amendment; and 16
(b) been for a period of at least 28 days after the publication 17
within which members of the public could comment on 18
the matters. 19
26 Preparation and notice of draft amendment 20
(1) The Minister must prepare a draft of the amendment and give 21
public notice about the draft amendment. 22
(2) The notice must-- 23
(a) identify the zoning plan proposed to be amended; and 24
(b) state-- 25
(i) that a copy of the draft amendment and the 26
provisions of any document applied, adopted or 27
incorporated by the amendment are available for 28
inspection, without charge by the chief executive-- 29
(A) during normal business hours at each 30
department office; and 31
(B) on the department's web site on the Internet; 32
and 33
s 27 26 s 28
Marine Parks Bill 2004
(ii) an invitation to members of the public and other 1
persons to make written submissions to the 2
Minister, within a stated reasonable period, about 3
the draft amendment. 4
(3) The stated period must be at least 28 days after the public 5
notice is given. 6
(4) On payment of the fee, if any, decided by the chief executive, 7
a person may obtain a copy of the draft amendment from the 8
chief executive. 9
27 Preparation of final amendment 10
The Minister must prepare the final amendment-- 11
(a) after considering each submission made to the Minister 12
as required by the public notice given under section 26; 13
and 14
(b) having regard to the purposes of this Act. 15
Subdivision 3 Other provisions 16
28 Tabling of statement with zoning plan or amendment 17
(1) This section applies if, as a result of the making or 18
amendment of a zoning plan, the classification or boundaries 19
of an existing zone are changed in a way that decreases the 20
level of protection for the marine environment in the zone. 21
(2) When the regulation prescribing or amending the zoning plan 22
is tabled in the Legislative Assembly as required under the 23
Statutory Instruments Act 1992, section 49, the Minister must 24
also table a statement-- 25
(a) identifying the zone, and location of the area, for which 26
the level of protection is decreased; and 27
(b) giving the reasons for the decrease. 28
s 29 27 s 31
Marine Parks Bill 2004
Division 2 Management plans 1
Subdivision 1 Approval 2
29 Approval of management plan 3
(1) The Governor in Council may, by gazette notice, approve a 4
management plan for a marine park, if the plan has been 5
prepared under sections 30 to 32. 6
(2) The gazette notice is not subordinate legislation. 7
(3) However, the Statutory Instruments Act 1992, sections 49 8
to 51 apply to the notice as if it were subordinate legislation. 9
10
Note--
11
These provisions deal with the tabling in, and disallowance by, the
12
Legislative Assembly of subordinate legislation.
(4) When the notice is tabled as required under the Statutory 13
Instruments Act 1992, section 49, a copy of the management 14
plan and any document applied, adopted or incorporated by 15
the plan must also be tabled. 16
30 Preparation of draft plan 17
(1) The Minister must prepare a draft of the management plan. 18
(2) The draft plan may apply, adopt, or incorporate (with or 19
without modification) the provisions of another document, 20
whether of the same or a different kind. 21
(3) A provision of another document applied, adopted or 22
incorporated is the provision as in force from time to time, 23
unless the draft plan expressly provides otherwise. 24
31 Public notice of draft plan 25
(1) The Minister must give public notice about the draft plan. 26
(2) The notice must state-- 27
(a) the name of the marine park the draft plan concerns; and 28
s 31 28 s 31
Marine Parks Bill 2004
(b) that a copy of the draft plan and the provisions of any 1
document applied, adopted or incorporated by the plan 2
are available for inspection, without charge by the chief 3
executive-- 4
(i) during normal business hours at each department 5
office; and 6
(ii) on the department's web site on the Internet;6 and 7
(c) an invitation to members of the public and other persons 8
to make written submissions to the Minister, within a 9
stated reasonable period, about the draft plan. 10
(3) The stated period must be at least 28 days after the public 11
notice is given. 12
(4) Subsection (2)(b) does not apply if-- 13
(a) the draft plan is substantially uniform or complementary 14
with-- 15
(i) another Act; or 16
(ii) a law of the Commonwealth or another State; or 17
(b) the following applies-- 18
(i) the draft plan adopts an Australian or international 19
protocol, standard, code, or intergovernmental 20
agreement or instrument; and 21
(ii) an assessment of the benefits and costs associated 22
with the plan has already been made; and 23
(iii) the assessment was made for, or is relevant to, 24
Queensland; or 25
(c) the Minister considers there has already been adequate 26
other public consultation about the matters the subject 27
of the plan. 28
(5) The consultation mentioned in subsection (4)(c) must have-- 29
(a) involved publication of the matters the subject of the 30
draft plan; and 31
6 The department's web site on the Internet is .
s 32 29 s 34
Marine Parks Bill 2004
(b) been for a period of at least 28 days after the publication 1
within which members of the public could comment on 2
the matters. 3
(6) On payment of the fee, if any, decided by the chief executive, 4
a person may obtain a copy of the draft plan from the chief 5
executive. 6
32 Preparation of final plan 7
The Minister must prepare the final management plan-- 8
(a) after considering each submission made to the Minister 9
as required by the public notice given under section 31; 10
and 11
(b) having regard to the purposes of this Act. 12
33 When management plan has effect 13
The management plan has effect on and from the later of the 14
following days-- 15
(a) the day the gazette notice approving the plan, as 16
required under section 29, is published in the gazette; 17
(b) the commencement day stated in the plan. 18
Subdivision 2 Amendment and review 19
34 Approval of amendment of management plan 20
(1) The Governor in Council may, by gazette notice, approve an 21
amendment of a management plan if the amendment has been 22
prepared under sections 35 to 37. 23
(2) The gazette notice is not subordinate legislation. 24
(3) However, the Statutory Instruments Act 1992, sections 49 25
to 51 apply to the notice as if it were subordinate legislation. 26
27
Note--
28
These provisions deal with the tabling in, and disallowance by, the
29
Legislative Assembly of subordinate legislation.
s 35 30 s 36
Marine Parks Bill 2004
(4) When the notice is tabled as required under the Statutory 1
Instruments Act 1992, section 49, a copy of the amendment 2
and any document applied, adopted or incorporated by the 3
amendment must also be tabled. 4
35 Preparation and notice of draft amendment 5
(1) The Minister must prepare a draft of the amendment. 6
(2) The draft amendment may apply, adopt, or incorporate 7
(with or without modification) the provisions of another 8
document, whether of the same or a different kind. 9
(3) A provision of another document applied, adopted or 10
incorporated is the provision as in force from time to time, 11
unless the draft amendment expressly provides otherwise. 12
36 Public notice of draft amendment 13
(1) The Minister must give public notice about the draft 14
amendment. 15
(2) The notice must-- 16
(a) identify the management plan proposed to be amended; 17
and 18
(b) state-- 19
(i) that a copy of the draft amendment and the 20
provisions of any document applied, adopted or 21
incorporated by the amendment are available for 22
inspection, without charge by the chief executive-- 23
(A) during normal business hours at each 24
department office; and 25
(B) on the department's web site on the Internet; 26
and 27
(ii) an invitation to members of the public and other 28
persons to make written submissions to the 29
Minister, within a stated reasonable period, about 30
the draft amendment. 31
(3) The stated period must be at least 28 days after the public 32
notice is given. 33
s 36 31 s 36
Marine Parks Bill 2004
(4) On payment of the fee, if any, decided by the chief executive, 1
a person may obtain a copy of the draft amendment from the 2
chief executive. 3
(5) This section does not apply if the amendment is-- 4
(a) a minor amendment to-- 5
(i) correct an error in the plan; or 6
(ii) make a change, other than a change of substance, 7
in the plan; or 8
(b) of a type that the management plan states may be made 9
under this subsection. 10
(6) Also, this section does not apply if-- 11
(a) for a management plan that is substantially uniform or 12
complementary with another Act or a law of the 13
Commonwealth or another State--the amendment is 14
needed to ensure the plan remains substantially uniform 15
or complementary; or 16
(b) each of the following applies-- 17
(i) the amendment adopts an Australian or 18
international protocol, standard, code, or 19
intergovernmental agreement or instrument; 20
(ii) an assessment of the benefits and costs associated 21
with the amendment has already been made; 22
(iii) the assessment was made for, or is relevant to, 23
Queensland; or 24
(c) the Minister considers there has already been adequate 25
other public consultation about the matters the subject 26
of the amendment. 27
(7) The consultation mentioned in subsection (6)(c) must have-- 28
(a) involved publication of the matters the subject of the 29
amendment; and 30
(b) been for a period of at least 28 days after the publication 31
within which members of the public could comment on 32
the matters. 33
s 37 32 s 40
Marine Parks Bill 2004
37 Preparation of final amendment 1
The Minister must prepare the final amendment-- 2
(a) after considering each submission made to the Minister 3
as required by the public notice given under section 36; 4
and 5
(b) having regard to the purposes of this Act. 6
38 When amendment has effect 7
The amendment has effect on and from the later of the 8
following days-- 9
(a) the day the gazette notice approving the amendment, as 10
required under section 34, is published in the gazette; 11
(b) the commencement day stated in the amendment. 12
39 Review of management plan 13
The Minister must review each management plan within 14
10 years after its commencement to ensure its continued 15
effectiveness. 16
Subdivision 3 Other provisions 17
40 Public access to current management plan 18
(1) The chief executive must keep a copy of each current 19
management plan available for inspection, without charge, by 20
members of the public-- 21
(a) on the department's website on the Internet; and 22
(b) during office hours on business days at-- 23
(i) the department's head office; and 24
(ii) each regional office of the department. 25
(2) On payment of the fee, if any, decided by the chief executive, 26
a person may obtain a copy of the current management plan 27
from the chief executive. 28
s 41 33 s 42
Marine Parks Bill 2004
41 Chief executive may enter into cooperative arrangement 1
for management plan 2
The chief executive may enter into an agreement or other 3
arrangement with any of the following persons about the 4
preparation, amendment, review or implementation of a 5
management plan for a marine park-- 6
(a) a person, or group of persons, having a special interest 7
in the park, including native title to, or some other 8
special identification with, the park or its natural or 9
cultural resources; 10
(b) a person representing a person or group mentioned in 11
paragraph (a). 12
42 Moratorium on grant of new permissions 13
(1) The Minister may publish a notice (a moratorium notice) 14
stating that a management plan likely to affect the entry to or 15
use of a stated marine park for a stated purpose is being 16
prepared or amended. 17
(2) The moratorium notice must be published in-- 18
(a) the gazette; and 19
(b) a newspaper circulating throughout the State. 20
(3) If a moratorium notice is published, an application for an 21
authority issued under this Act for the stated purpose can not 22
be granted during the moratorium period, regardless of 23
whether the application was received before or after the period 24
starts. 25
(4) In this section-- 26
moratorium period means the period-- 27
(a) starting on the day the moratorium notice is published; 28
and 29
(b) ending on the earlier of the following-- 30
s 43 34 s 43
Marine Parks Bill 2004
(i) the day the management plan or amendment has 1
effect;7 2
(ii) 1 year after the day the moratorium notice is 3
published. 4
Part 4 Offences 5
Division 1 Entry to or use of marine park 6
43 Entry or use for a prohibited purpose 7
(1) A person must not wilfully enter or use a marine park for a 8
prohibited purpose. 9
Maximum penalty-- 10
(a) for a prohibited purpose involving the taking of natural 11
or cultural resources--3 000 penalty units; or 12
(b) for another prohibited purpose--295 penalty units. 13
(2) A person must not enter or use a marine park for a prohibited 14
purpose. 15
Maximum penalty--90 penalty units. 16
(3) This section does not apply to an act-- 17
(a) done by an authorised person in the performance of a 18
function or exercise of a power under this Act; or 19
(b) done by someone else authorised under this Act to do 20
the act. 21
(4) In this section-- 22
prohibited purpose means a purpose prescribed under a 23
regulation or zoning plan as a prohibited purpose for this 24
section. 25
7 See sections 33 (When management plan has effect) and 38 (When amendment has
effect)
s 44 35 s 46
Marine Parks Bill 2004
44 Entry or use without an authority 1
(1) If this Act requires a person to obtain an authority to enter or 2
use a marine park for a particular purpose, a person must not 3
wilfully enter or use the park for the purpose without the 4
authority. 5
Maximum penalty-- 6
(a) for a purpose involving the taking of natural or cultural 7
resources--3 000 penalty units; or 8
(b) for another purpose--295 penalty units. 9
(2) Subsection (1) does not apply to an act-- 10
(a) done by an authorised person in the performance of a 11
function or exercise of a power under this Act; or 12
(b) done by someone else authorised under this Act to do 13
the act. 14
45 Entry or use requiring notice 15
(1) A person required under this Act to give the chief executive a 16
notice before entering or using a marine park for a particular 17
purpose must not wilfully enter or use the park for the purpose 18
without giving the notice. 19
Maximum penalty--295 penalty units. 20
(2) If the chief executive makes the entry or use subject to 21
conditions, the person must comply with the conditions. 22
Maximum penalty--295 penalty units. 23
Division 2 Other offence provisions 24
46 False or misleading information given by applicant 25
A person, in making an application for an authority issued 26
under this Act, must not state anything that the person knows 27
is false or misleading in a material particular. 28
Maximum penalty--100 penalty units. 29
s 47 36 s 49
Marine Parks Bill 2004
47 False or misleading documents given by applicant 1
(1) A person, in making an application for an authority issued 2
under this Act, must not give the chief executive a document 3
containing information the person knows is false or 4
misleading in a material particular. 5
Maximum penalty--100 penalty units. 6
(2) Subsection (1) does not apply to a person who, when giving 7
the document-- 8
(a) informs the chief executive, to the best of the person's 9
ability, how it is false or misleading; and 10
(b) gives the correct information to the chief executive if the 11
person has, or can reasonably obtain, the correct 12
information. 13
48 Noncompliance with temporary restricted area 14
declaration 15
(1) A person must comply with a temporary restricted area 16
declaration. 17
Maximum penalty--3 000 penalty units or 2 years 18
imprisonment. 19
(2) Subsection (1) does not apply to an act done or omission 20
made by an authorised person in the performance of a 21
function or exercise of a power under this Act. 22
49 Noncompliance with conditions of an authority 23
The holder of an authority issued under this Act must comply 24
with the conditions of the authority. 25
Maximum penalty-- 26
(a) for a condition about the taking of natural or cultural 27
resources--3 000 penalty units; or 28
(b) for another condition--295 penalty units. 29
s 50 37 s 50
Marine Parks Bill 2004
50 Unlawful serious environmental harm 1
(1) A person must not wilfully do an act or make an omission that 2
directly or indirectly causes or is likely to cause serious 3
environmental harm to a marine park. 4
Maximum penalty--3 000 penalty units or 2 years 5
imprisonment. 6
(2) Subsection (1) does not apply to an act done or omission 7
made-- 8
(a) by an authorised person in the performance of a function 9
or exercise of a power under this Act; or 10
(b) by someone else authorised under this Act to do the act 11
or make the omission. 12
(3) Also, subsection (1) does not apply if the act or omission is 13
incidental to and normally associated with an activity carried 14
out lawfully by the person-- 15
(a) outside the marine park; or 16
17
Example--
18
a lawful discharge from a land-based aquaculture facility
(b) inside the park, if-- 19
(i) there is no zoning plan for the park; or 20
(ii) the park is not subject to a regulation applying 21
specifically to the park and dealing with the 22
conservation of its environment. 23
(4) In this section-- 24
serious environmental harm, to a marine park, means-- 25
(a) actual or potential harm to the park's environment or use 26
and non-use values that is irreversible, of a high impact 27
or widespread; or 28
(b) for a marine park area that is a highly protected area, an 29
area of high conservation value or special 30
significance--actual or potential harm to the area's 31
environment or use and non-use values. 32
s 51 38 s 52
Marine Parks Bill 2004
51 Unlawful use of particular words 1
(1) A person must not use words about an area that is not a 2
marine park-- 3
(a) in a way that is likely to cause a person to whom the 4
words are directed to reasonably believe the area is a 5
marine park or part of a marine park; and 6
(b) with the intention of gaining a benefit for the person or 7
someone else or of causing a detriment to someone else. 8
Maximum penalty--50 penalty units. 9
(2) A person must not use words about a zone or other area in a 10
marine park-- 11
(a) in a way that is likely to cause a person to whom the 12
words are directed to reasonably believe the zone or area 13
is of a classification different to its classification under 14
this Act; and 15
(b) with the intention of gaining a benefit for the person or 16
someone else or of causing a detriment to someone else. 17
Maximum penalty--50 penalty units. 18
Part 5 Monitoring and enforcement 19
Division 1 Inspectors 20
52 Appointment and qualifications 21
(1) The chief executive may appoint any of the following 22
individuals as an inspector-- 23
(a) a public service employee; 24
(b) an APS employee under the Public Service 25
Act 1999 (Cwlth); 26
(c) an employee of a local government; 27
(d) a police officer; 28
s 53 39 s 54
Marine Parks Bill 2004
(e) with the individual's consent, another individual. 1
2
Note--
3
A proposed appointment of a police officer must have the approval of
4
the commissioner of the police service under the Police Powers and
5
Responsibilities Act 2000, section 11 (Appointment of police officers as
6
public officials for other Acts).
(2) However, the chief executive may appoint an individual as an 7
inspector only if the chief executive is satisfied the individual 8
is qualified for appointment because the individual has the 9
necessary expertise or experience. 10
53 Appointment conditions and limit on powers 11
(1) An inspector holds office on any conditions stated in-- 12
(a) the inspector's instrument of appointment; or 13
(b) a signed notice given to the inspector; or 14
(c) a regulation. 15
(2) The instrument of appointment, a signed notice given to the 16
inspector or a regulation may limit the inspector's powers 17
under this Act. 18
(3) In this section-- 19
signed notice means a notice signed by the chief executive. 20
54 Issue of identity card 21
(1) The chief executive must issue an identity card to each 22
inspector. 23
(2) The identity card must-- 24
(a) contain a recent photo of the inspector; and 25
(b) contain a copy of the inspector's signature; and 26
(c) identify the individual as an inspector under this Act; 27
and 28
(d) state an expiry date for the card. 29
(3) This section does not prevent the issue of a single identity 30
card to an individual for this Act and other purposes. 31
s 55 40 s 58
Marine Parks Bill 2004
55 Production or display of identity card 1
(1) In exercising a power under this Act in relation to a person, an 2
inspector, other than a police officer in uniform, must-- 3
(a) produce the inspector's identity card for the person's 4
inspection before exercising the power; or 5
(b) have the identity card displayed so it is clearly visible to 6
the person when exercising the power. 7
(2) However, if it is not practicable to comply with subsection (1), 8
the inspector must produce the identity card for the person's 9
inspection at the first reasonable opportunity. 10
(3) For subsection (1), an inspector does not exercise a power in 11
relation to a person only because the inspector has entered a 12
place as mentioned in section 59(1)(b) or (2). 13
56 When inspector ceases to hold office 14
(1) An inspector ceases to hold office if any of the following 15
happens-- 16
(a) the term of office stated in a condition of office ends; 17
(b) under another condition of office, the inspector ceases to 18
hold office; 19
(c) the inspector's resignation under section 57 takes effect. 20
(2) Subsection (1) does not limit the ways an inspector may stop 21
holding office. 22
(3) In this section-- 23
condition of office means a condition on which the inspector 24
holds office. 25
57 Resignation 26
An inspector may resign by signed notice given to the chief 27
executive. 28
58 Return of identity card 29
An individual who ceases to be an inspector must return the 30
individual's identity card to the chief executive within 21 days 31
s 59 41 s 59
Marine Parks Bill 2004
after ceasing to be an inspector, unless the individual has a 1
reasonable excuse. 2
Maximum penalty--50 penalty units. 3
Division 2 Powers of inspectors 4
Subdivision 1 Entry to places 5
59 Power to enter places 6
(1) Subject to section 72(2), an inspector may enter a place if--
8
7
(a) its occupier consents to the entry; or 8
(b) it is a public place and the entry is made when it is open 9
to the public; or 10
(c) the entry is authorised by a warrant; or 11
(d) it is an authority holder's place of business stated in the 12
authority and is-- 13
(i) open for carrying on the business; or 14
(ii) otherwise open for entry; or 15
(iii) required to be open for inspection under the 16
authority. 17
(2) For the purpose of asking the occupier of a place for consent 18
to enter, an inspector may, without the occupier's consent or a 19
warrant-- 20
(a) enter land around premises at the place to an extent that 21
is reasonable to contact the occupier; or 22
(b) enter part of the place the inspector reasonably 23
considers members of the public ordinarily are allowed 24
to enter when they wish to contact the occupier. 25
(3) For subsection (1)(d), a place of business does not include a 26
part of the place where an individual resides. 27
8 Section 72 (Power to stop and search vessels, vehicles and aircraft)
s 60 42 s 60
Marine Parks Bill 2004
Subdivision 2 Procedure for entry 1
60 Entry with consent 2
(1) This section applies if an inspector intends to ask an occupier 3
of a place to consent to the inspector or another inspector 4
entering the place under section 59(1)(a). 5
(2) Before asking for the consent, the inspector must tell the 6
occupier-- 7
(a) the purpose of the entry; and 8
(b) that the occupier is not required to consent. 9
(3) If the consent is given, the inspector may ask the occupier to 10
sign an acknowledgment of the consent. 11
(4) The acknowledgment must state-- 12
(a) the occupier has been told-- 13
(i) the purpose of the entry; and 14
(ii) that the occupier is not required to consent; and 15
(b) the purpose of the entry; and 16
(c) the occupier gives the inspector consent to enter the 17
place and exercise powers under this part; and 18
(d) the time and date the consent was given. 19
(5) If the occupier signs the acknowledgment, the inspector must 20
immediately give a copy to the occupier. 21
(6) If-- 22
(a) an issue arises in a proceeding about whether the 23
occupier consented to the entry; and 24
(b) an acknowledgment complying with subsection (4) for 25
the entry is not produced in evidence; 26
the onus of proof is on the person relying on the lawfulness of 27
the entry to prove the occupier consented. 28
s 61 43 s 62
Marine Parks Bill 2004
61 Application for warrant 1
(1) An inspector may apply to a magistrate for a warrant for a 2
place. 3
(2) The inspector must prepare a written application that states 4
the grounds on which the warrant is sought. 5
(3) The written application must be sworn. 6
(4) The magistrate may refuse to consider the application until the 7
inspector gives the magistrate all the information the 8
magistrate requires about the application in the way the 9
magistrate requires. 10
11
Example--
12
The magistrate may require additional information supporting the
13
written application to be given by statutory declaration.
62 Issue of warrant 14
(1) The magistrate may issue a warrant for the place only if the 15
magistrate is satisfied there are reasonable grounds for 16
suspecting-- 17
(a) there is a particular thing or activity (the evidence) that 18
may provide evidence of an offence against this Act; and 19
(b) the evidence is at the place, or, within the next 7 days, 20
will be at the place. 21
(2) The warrant must state-- 22
(a) the place to which the warrant applies; and 23
(b) that a stated inspector may, with necessary and 24
reasonable help and force-- 25
(i) enter the place and any other place necessary for 26
entry to the place; and 27
(ii) exercise the inspector's powers under this part; and 28
(c) the offence for which the warrant is issued; and 29
(d) the evidence that may be seized under the warrant; and 30
(e) the hours of the day or night when the place may be 31
entered; and 32
(f) the magistrate's name; and 33
s 63 44 s 63
Marine Parks Bill 2004
(g) the date and time of the warrant's issue; and 1
(h) the date, within 14 days after the warrant's issue, the 2
warrant ends. 3
63 Application by electronic communication and duplicate 4
warrant 5
(1) An application under section 61 may be made by phone, fax, 6
email, radio, videoconferencing or another form of electronic 7
communication if the inspector considers it necessary because 8
of-- 9
(a) urgent circumstances; or 10
(b) other special circumstances, including, for example, the 11
inspector's remote location. 12
(2) The application-- 13
(a) may not be made before the inspector prepares the 14
written application under section 61(2); but 15
(b) may be made before the written application is sworn. 16
(3) The magistrate may issue the warrant (the original warrant) 17
only if the magistrate is satisfied-- 18
(a) it was necessary to make the application under 19
subsection (1); and 20
(b) the way the application was made under subsection (1) 21
was appropriate. 22
(4) After the magistrate issues the original warrant-- 23
(a) if there is a reasonably practicable way of immediately 24
giving a copy of the warrant to the inspector, for 25
example, by sending a copy by fax or email, the 26
magistrate must immediately give a copy of the warrant 27
to the inspector; or 28
(b) otherwise-- 29
(i) the magistrate must tell the inspector the date and 30
time the warrant is issued and the other terms of 31
the warrant; and 32
(ii) the inspector must complete a form of warrant, 33
including by writing on it-- 34
s 63 45 s 63
Marine Parks Bill 2004
(A) the magistrate's name; and 1
(B) the date and time the magistrate issued the 2
warrant; and 3
(C) the other terms of the warrant. 4
(5) The copy of the warrant mentioned in subsection (4)(a), or the 5
form of warrant completed under subsection (4)(b) (in either 6
case the duplicate warrant) is a duplicate of, and as effectual 7
as, the original warrant. 8
(6) The inspector must, at the first reasonable opportunity, send to 9
the magistrate-- 10
(a) the written application complying with section 61(2) 11
and (3); and 12
(b) if the inspector completed a form of warrant under 13
subsection (4)(b)--the completed form of warrant. 14
(7) The magistrate must keep the original warrant and, on 15
receiving the documents under subsection (6)-- 16
(a) attach the documents to the original warrant; and 17
(b) give the original warrant and documents to the clerk of 18
the court of the relevant magistrates court. 19
(8) Despite subsection (5), if-- 20
(a) an issue arises in a proceeding about whether an 21
exercise of a power was authorised by a warrant issued 22
under this section; and 23
(b) the original warrant is not produced in evidence; 24
the onus of proof is on the person relying on the lawfulness of 25
the exercise of the power to prove a warrant authorised the 26
exercise of the power. 27
(9) This section does limit section 61. 28
(10) In this section-- 29
relevant magistrates court, in relation to a magistrate, means 30
the Magistrates Court that the magistrate constitutes under the 31
Magistrates Act 1991. 32
s 64 46 s 65
Marine Parks Bill 2004
64 Defect in relation to a warrant 1
(1) A warrant is not invalidated by a defect in the warrant or in 2
compliance with section 61, 62 or 63 unless the defect affects 3
the substance of the warrant in a material particular. 4
(2) In this section-- 5
warrant includes a duplicate warrant mentioned in 6
section 63(5). 7
65 Warrants--procedure before entry 8
(1) This section applies if an inspector named in a warrant issued 9
under this part for a place is intending to enter the place under 10
the warrant. 11
(2) Before entering the place, the inspector must do or make a 12
reasonable attempt to do each of the following things-- 13
(a) identify himself or herself to a person present at the 14
place who is an occupier of the place by producing a 15
copy of the inspector's identity card, or having the 16
identity card displayed, as mentioned in section 55(1);9 17
(b) give the person a copy of the warrant; 18
(c) tell the person the inspector is permitted by the warrant 19
to enter the place; 20
(d) give the person an opportunity to allow the inspector 21
immediate entry to the place without using force. 22
(3) However, the inspector need not comply with subsection (2) if 23
the inspector believes that immediate entry to the place is 24
required to ensure the effective execution of the warrant is not 25
frustrated. 26
(4) In this section-- 27
warrant includes a duplicate warrant mentioned in 28
section 63(5). 29
9 Section 55 (Production or display of identity card)
s 66 47 s 67
Marine Parks Bill 2004
Subdivision 3 Powers after entry 1
66 General powers after entering places 2
(1) This section applies to an inspector who enters a place under 3
section 59. 4
(2) However, if an inspector enters a place to ask the occupier's 5
consent to enter premises, this section applies to the inspector 6
only if the consent is given or the entry is otherwise 7
authorised. 8
(3) For monitoring and enforcing compliance with this Act, the 9
inspector may do all or any of the following-- 10
(a) search any part of the place; 11
(b) inspect, measure, test, photograph or film any part of the 12
place or anything at the place; 13
(c) mark or seal a container or other thing at the place; 14
(d) open a container if the inspector considers it is 15
necessary for exercising a power; 16
(e) take a sample of or from anything at the place; 17
(f) take an extract from, or copy, a document at the place; 18
(g) take into or onto the place any person, equipment and 19
materials the inspector reasonably requires for 20
exercising a power under this division. 21
67 Power to require reasonable help or information 22
(1) An inspector may require the occupier of the place, or a 23
person at the place, to give the inspector-- 24
(a) reasonable help to exercise a power under section 66(3); 25
or 26
(b) information, in a stated reasonable way, to help the 27
inspector ascertain whether this Act is being complied 28
with. 29
30
Example of reasonable way--
31
by production of a licence, certificate or log book entry
s 68 48 s 68
Marine Parks Bill 2004
(2) When making a requirement under subsection (1), the 1
inspector must warn the person it is an offence to fail to 2
comply with the requirement unless the person has a 3
reasonable excuse. 4
(3) A person required to give reasonable help under 5
subsection (1)(a), or give information under subsection (1)(b), 6
must comply with the requirement, unless the person has a 7
reasonable excuse. 8
Maximum penalty--15 penalty units. 9
(4) If the person is an individual, it is a reasonable excuse for the 10
individual not to comply with the requirement if complying 11
with the requirement might tend to incriminate the individual. 12
Subdivision 4 Other powers 13
68 Power to require name and address 14
(1) An inspector may require a person to state the person's name 15
and residential or business address if the inspector-- 16
(a) finds the person committing an offence against this Act; 17
or 18
(b) finds the person in circumstances that lead, or has 19
information that leads, the inspector to reasonably 20
suspect the person has just committed an offence against 21
this Act. 22
(2) When making the requirement, the inspector must warn the 23
person it is an offence to fail to state the person's name or 24
address unless the person has a reasonable excuse. 25
(3) The inspector may also require the person to give evidence of 26
the correctness of the stated name or required address if the 27
inspector suspects the stated name or address is false. 28
(4) A person of whom a requirement is made under subsection (1) 29
or (3) must comply with the requirement, unless the person 30
has a reasonable excuse. 31
Maximum penalty for subsection (4)--15 penalty units. 32
s 69 49 s 70
Marine Parks Bill 2004
(5) A person does not commit an offence against subsection (4) 1
if-- 2
(a) the requirement was given because the inspector 3
suspected the person had committed an offence against 4
this Act; and 5
(b) the person is not proved to have committed the offence. 6
69 Power to require information about contravention 7
(1) This section applies if an inspector reasonably believes-- 8
(a) this Act has been contravened; and 9
(b) a person may be able to give information about the 10
contravention. 11
(2) The inspector may require the person to give information to 12
the person's knowledge about the contravention within a 13
stated reasonable time and in a stated reasonable way. 14
15
Example of reasonable way--
16
by production of a licence, certificate or log book entry
(3) When making a requirement under subsection (2), the 17
inspector must warn the person it is an offence to fail to 18
comply with the requirement unless the person has a 19
reasonable excuse. 20
(4) A person of whom a requirement is made under subsection (2) 21
must comply with the requirement, unless the person has a 22
reasonable excuse. 23
Maximum penalty for subsection (4)--15 penalty units. 24
(5) If the person is an individual, it is a reasonable excuse for the 25
individual not to comply with the requirement if complying 26
with the requirement might tend to incriminate the individual. 27
70 Power to stop persons 28
(1) An inspector may require a person to stop, and not to move on 29
until permitted by the inspector, if the inspector-- 30
(a) finds the person committing an offence against this Act; 31
or 32
s 71 50 s 71
Marine Parks Bill 2004
(b) finds the person in circumstances that lead, or has 1
information that leads, the inspector to reasonably 2
suspect the person has just committed an offence against 3
this Act. 4
(2) When making the requirement, the inspector must warn the 5
person it is an offence to fail to comply with the requirement 6
unless the person has a reasonable excuse. 7
(3) The inspector may require the person not to move on only for 8
as long as is reasonably necessary for the inspector to exercise 9
the inspector's powers under this Act in relation to the person. 10
(4) A person must comply with a requirement under 11
subsection (1), unless the person has a reasonable excuse. 12
Maximum penalty for subsection (4)--100 penalty units. 13
71 Power to give direction to leave area 14
(1) An inspector may direct a person to immediately leave a 15
marine park or a part of it if-- 16
(a) the inspector finds the person committing, or attempting 17
to commit, an offence against this Act; or 18
(b) finds the person in circumstances that lead, or has 19
information that leads, the inspector to reasonably 20
suspect the person has committed or attempted to 21
commit an offence against this Act. 22
(2) The direction may require the person to remove the person's 23
property from the park or part of it. 24
(3) When giving the direction, the inspector must tell the person 25
the reason for giving it. 26
(4) If it is reasonably practicable, the direction must be given in 27
writing. 28
(5) The person must comply with the direction, unless the person 29
has a reasonable excuse. 30
Maximum penalty for subsection (5)--15 penalty units. 31
(6) If the person, without reasonable excuse, fails to comply with 32
the direction, an inspector may take the steps that appear to 33
s 72 51 s 72
Marine Parks Bill 2004
the inspector to be reasonable and necessary to secure 1
compliance with the direction, including, for example-- 2
(a) using reasonable force; and 3
(b) removing the person's property to a place inside or 4
outside the park. 5
72 Power to stop and search vessels, vehicles and aircraft 6
(1) This section applies-- 7
(a) to enable an inspector to board or enter a vessel, vehicle 8
or aircraft to find out whether this Act is being complied 9
with; or 10
(b) if an inspector has reasonable grounds for suspecting-- 11
(i) a vessel, vehicle or aircraft is being, or has been, 12
used in the commission of an offence against this 13
Act; or 14
(ii) the vessel, vehicle or aircraft, or anything in or on 15
it, may provide evidence of the commission of an 16
offence against this Act. 17
(2) The inspector may, with necessary and reasonable help and 18
force and without the consent of the owner or person in 19
control of the vessel, vehicle or aircraft or a warrant-- 20
(a) board or enter the vessel, vehicle or aircraft; and 21
(b) exercise the powers set out in section 66(3). 10
22
(3) However, before boarding or entering an unattended vessel, 23
vehicle or aircraft under this section, the inspector must take 24
reasonable steps to advise its owner, or the person in control 25
of it, of the intention to board or enter. 26
(4) After boarding or entering an unattended vessel, vehicle or 27
aircraft under this section, the inspector must attach or leave, 28
in a conspicuous place in the vessel, vehicle or aircraft a 29
notice stating-- 30
(a) when the vessel, vehicle or aircraft was boarded or 31
entered; and 32
10 Section 66 (General powers after entering places)
s 72 52 s 72
Marine Parks Bill 2004
(b) why it was boarded or entered; and 1
(c) what powers mentioned in section 66(3) were exercised; 2
and 3
(d) what the exercise of the powers involved. 4
(5) The inspector must not enter a part of a vessel, vehicle or 5
aircraft used only as a living area, or exercise a power set out 6
in section 66(3) in relation to that part, unless the inspector is 7
accompanied by the person in control of the vessel, vehicle or 8
aircraft. 9
(6) Subsection (5) does not apply if the person in control is 10
unavailable or unwilling to accompany the inspector or the 11
inspector is unable for another reason to comply with the 12
subsection. 13
(7) If-- 14
(a) the vessel or vehicle is moving or about to move; or 15
(b) the aircraft is moving, or about to move, on the ground; 16
the inspector may signal the driver or the person in control of 17
the vessel, vehicle or aircraft, to stop or not to move it. 18
(8) The inspector may require the person to stop and not to move 19
the vessel, vehicle or aircraft only for as long as is reasonably 20
necessary for the inspector to exercise the inspector's powers 21
under this Act in relation to the vessel, vehicle or aircraft. 22
(9) A person must not disobey a signal given under 23
subsection (7), unless the person has a reasonable excuse. 24
Maximum penalty for subsection (9)--100 penalty units. 25
(10) It is a reasonable excuse for the person to fail to stop or to 26
move the vessel, vehicle or aircraft if-- 27
(a) to immediately obey the signal would have endangered 28
the person or someone else; and 29
(b) the person obeys the signal as soon as it is practicable to 30
obey the signal. 31
s 73 53 s 74
Marine Parks Bill 2004
73 Power to require driver or person in control to give 1
reasonable help etc. 2
(1) An inspector may require the driver or person in control of a 3
vessel, vehicle or aircraft-- 4
(a) to give the inspector reasonable help to enable the 5
vessel, vehicle or aircraft to be boarded or entered under 6
section 72(2); or 7
(b) to bring the vessel, vehicle or aircraft to a specified 8
place and remain in control of it at the place for a 9
reasonable time to enable the inspector to exercise the 10
inspector's powers in relation to it. 11
(2) A person must not contravene a requirement under 12
subsection (1), unless the person has a reasonable excuse. 13
Maximum penalty--100 penalty units. 14
Subdivision 5 Power to seize evidence 15
74 Seizing evidence at place entered under s 59 16
(1) An inspector who enters a place with the consent of the 17
occupier under section 59(1)(a)11 may seize a thing at the 18
place if-- 19
(a) the inspector believes the thing is evidence of an offence 20
against this Act; and 21
(b) seizure of the thing is consistent with the purpose of 22
entry as told to the occupier when asking for the 23
occupier's consent. 24
(2) An inspector who enters a public place under section 59(1)(b) 25
may seize a thing at the place if the inspector reasonably 26
believes the thing is evidence of an offence against this Act. 27
(3) An inspector who enters a place under a warrant under 28
section 59(1)(c) may seize the evidence for which the warrant 29
was issued. 30
11 Section 59 (Power to enter places)
s 75 54 s 76
Marine Parks Bill 2004
(4) An inspector who enters a place of business under 1
section 59(1)(d), may seize a thing at the place if the inspector 2
reasonably believes the thing is evidence of an offence against 3
this Act. 4
(5) The inspector may also seize anything else at the place if the 5
inspector believes-- 6
(a) the thing is evidence of an offence against this Act; and 7
(b) the seizure is necessary to prevent the thing being 8
hidden, lost or destroyed. 9
75 Seizing evidence on or in vessel, vehicle or aircraft 10
entered or boarded under s 72 11
An inspector who enters or boards a vessel, vehicle or aircraft 12
under section 72(2) may seize a thing on or in the vessel, 13
vehicle or aircraft if the inspector reasonably believes the 14
thing is evidence of an offence against this Act. 15
76 Powers in support of seizure 16
(1) To enable a thing to be seized, an inspector may, by written 17
notice given to the person in control of the thing, require the 18
person-- 19
(a) to take it to a specified reasonable place by a specified 20
reasonable time; and 21
(b) if necessary, to remain in control of it at the place for a 22
reasonable time. 23
(2) If, for any reason, it is not practicable to make the requirement 24
by a written notice, the requirement may be made orally and 25
confirmed by written notice as soon as practicable. 26
(3) A person must comply with a requirement under this section, 27
unless the person has a reasonable excuse. 28
Maximum penalty--50 penalty units. 29
(4) Nothing in this section prevents an inspector making a further 30
requirement under this section of the same person or someone 31
else in relation to the same thing, if it is necessary and 32
reasonable to make the further requirement. 33
s 77 55 s 77
Marine Parks Bill 2004
77 Securing seized things 1
(1) Having seized a thing, an inspector may-- 2
(a) move the thing from the place where it was seized 3
(the place of seizure); or 4
(b) leave the thing at the place of seizure but-- 5
(i) take reasonable action to restrict access, or prevent 6
or mitigate damage, to it; or 7
8
Examples of restricting access--
9
1. marking, sealing, tagging or otherwise identifying the
10
thing to show access to it is restricted
11
2. sealing the entrance to a room where the thing is situated
12
and marking the entrance to show access to the thing is
13
restricted
(ii) direct the person the inspector reasonably believes 14
is in control of the thing to take reasonable action 15
to restrict access, or prevent or mitigate damage, to 16
it; or 17
(c) for equipment--make it inoperable, or direct the person 18
the inspector reasonably believes is in control of the 19
thing to make it inoperable. 20
21
Example of making equipment inoperable--
22
dismantling equipment or removing a component of
23
equipment without which the equipment is not capable of
24
being used
(2) However, if the thing is on a vessel and is necessary for the 25
vessel's safe operation, the inspector may move or restrict 26
access to the thing under subsection (1) for no longer than is 27
reasonably necessary for obtaining evidence of the offence for 28
which the thing was seized. 29
(3) A person to whom a direction is given under 30
subsection (1)(b)(ii) or (c) must comply with the direction. 31
Maximum penalty--50 penalty units. 32
s 78 56 s 80
Marine Parks Bill 2004
78 Tampering with seized things 1
(1) If an inspector restricts access to a seized thing, a person must 2
not tamper or attempt to tamper with it, or something 3
restricting access to it, without an inspector's approval. 4
Maximum penalty--100 penalty units. 5
(2) If an inspector or a person acting at the inspector's direction 6
makes seized equipment inoperable, a person must not tamper 7
or attempt to tamper with the equipment, without an 8
inspector's approval. 9
Maximum penalty--100 penalty units. 10
79 Receipt for seized things 11
(1) After an inspector seizes a thing, the inspector must give a 12
receipt for it to the person from whom it was seized. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1), the inspector must leave the receipt at the 15
place of seizure in a conspicuous position and in a reasonably 16
secure way. 17
(3) The receipt must describe generally each thing seized and its 18
condition. 19
(4) This section does not apply to a thing if it is impracticable or 20
would be unreasonable to give the receipt, given the thing's 21
nature, condition and value when seized. 22
80 Inspector may dispose of natural resources taken 23
unlawfully 24
(1) This section applies if a natural resource is seized under this 25
Act and an inspector reasonably believes the resource has 26
been taken unlawfully. 27
(2) Despite any other provision of this Act, the inspector may 28
deal with or dispose of the resource in the way the inspector 29
considers appropriate if the inspector is satisfied that it is 30
necessary to do so-- 31
(a) in the interests of the welfare of the resource; or 32
(b) to conserve the resource or environment. 33
s 81 57 s 82
Marine Parks Bill 2004
(3) Subsection (2) applies even though a proceeding has not been 1
taken for, or a person convicted of, the offence. 2
81 Forfeiture of seized things 3
(1) A thing that has been seized under this subdivision and not 4
disposed of under section 80 is forfeited to the State if the 5
inspector who seized the thing-- 6
(a) can not find its owner after making reasonable inquiries; 7
or 8
(b) can not return it to its owner after making reasonable 9
efforts. 10
(2) In applying subsection (1)-- 11
(a) subsection (1)(a) does not require the inspector to make 12
inquiries if it would be unreasonable to make inquiries 13
to find the owner; and 14
(b) subsection (1)(b) does not require the inspector to make 15
efforts if it would be unreasonable to make efforts to 16
return the thing to its owner. 17
18
Example for subsection (2)(b)--
19
The owner of the thing has migrated to another country.
(3) Regard must be had to a thing's nature, condition and value 20
when seized in deciding-- 21
(a) whether it is reasonable to make inquiries or efforts; and 22
(b) if making inquiries or efforts, what inquiries or efforts, 23
including the period over which they are made, are 24
reasonable. 25
(4) In this section-- 26
owner, of property, includes the person in possession or 27
control of it. 28
82 Dealing with forfeited things 29
(1) On the forfeiture of a thing to the State, it becomes the State's 30
property and may be dealt with by the chief executive as the 31
chief executive considers appropriate. 32
s 83 58 s 85
Marine Parks Bill 2004
(2) Without limiting subsection (1), the chief executive may 1
destroy or otherwise dispose of the thing. 2
83 Return of seized things 3
(1) If a seized thing is not disposed of under section 80 or 4
forfeited under section 81, the inspector must return it to the 5
person from whom it was seized-- 6
(a) at the end of 6 months after its seizure; or 7
(b) if proceedings involving the thing are started within the 8
6 months, at the end of the proceedings and any appeal 9
from the proceedings. 10
(2) Despite subsection (1), unless a thing that has been seized as 11
evidence is disposed of or forfeited as mentioned in the 12
subsection, the inspector must immediately return it to the 13
person from whom it was seized if the inspector stops being 14
satisfied its continued retention as evidence is necessary. 15
84 Access to seized things 16
(1) Until a seized thing is disposed of, forfeited or returned, an 17
inspector must allow the person from whom it was seized to 18
inspect it and, if it is a document, to copy it. 19
(2) Subsection (1) does not apply if it is impracticable or would 20
be unreasonable to allow the inspection or copying. 21
Division 3 General enforcement matters 22
85 Definition for div 3 23
In this division-- 24
inspector, for a power exercised under section 100, 102, 103 25
or 109,12 includes the chief executive. 26
12 Section 100 (Inspector's power to remove property), 102 (Seizure, removal and
disposal without giving removal notice), 103 (Inspector's power to remove property)
or 109 (Restoration of environment etc.)
s 86 59 s 87
Marine Parks Bill 2004
86 Inspector's obligation not to cause unnecessary damage 1
An inspector must take all reasonable steps to ensure the 2
inspector causes as little inconvenience as practicable and 3
does not cause any unnecessary damage to property in 4
exercising a power under division 2 or section 100, 102, 103 5
or 109. 6
87 Notice of damage 7
(1) This section applies if-- 8
(a) an inspector damages property when exercising or 9
purporting to exercise a power; or 10
(b) a person (the other person) acting under the direction of 11
an inspector damages property. 12
(2) The inspector must immediately give notice of particulars of 13
the damage to the person who appears to the inspector to be 14
the owner of the property. 15
(3) If the inspector believes the damage was caused by a latent 16
defect in the property or circumstances beyond the inspector 17
or other person's control, the inspector may state the belief in 18
the notice. 19
(4) If, for any reason, it is impracticable to comply with 20
subsection (2), the inspector must leave the notice in a 21
conspicuous position and in a reasonably secure way where 22
the damage happened. 23
(5) This section does not apply to damage the inspector 24
reasonably believes is trivial. 25
(6) In subsection (2)-- 26
owner, of property, includes-- 27
(a) the person in possession or control of it; and 28
(b) for abandoned, stranded, sunk or wrecked 29
property--includes the person in control of the property 30
when it was abandoned, stranded, sunk or wrecked. 31
s 88 60 s 90
Marine Parks Bill 2004
88 Compensation 1
(1) A person may claim compensation from the State if the person 2
incurs loss or expense because of the exercise or purported 3
exercise of a power under-- 4
(a) division 2, subdivision 1, 3 or 4;13 or 5
(b) section 100, 102, 103 or 109. 6
(2) Without limiting subsection (1), compensation may be 7
claimed for loss or expense incurred in complying with a 8
requirement made of the person under the provision. 9
(3) Compensation may be claimed and ordered to be paid in a 10
proceeding brought in a court with jurisdiction for the 11
recovery of the amount of compensation claimed. 12
(4) A court may order compensation to be paid only if it is 13
satisfied it is fair to make the order in the circumstances of the 14
particular case. 15
89 False or misleading information given to inspector 16
A person must not state anything to an inspector the person 17
knows is false or misleading in a material particular. 18
Maximum penalty--100 penalty units. 19
90 False or misleading documents given to inspector 20
(1) A person must not give an inspector a document containing 21
information the person knows is false or misleading in a 22
material particular. 23
Maximum penalty--100 penalty units. 24
(2) Subsection (1) does not apply to a person if the person, when 25
giving the document-- 26
(a) tells the inspector, to the best of the person's ability, how 27
it is false or misleading; and 28
13 Division 2 (Powers of inspectors), subdivision 1 (Entry to places), 3 (Powers after
entry), 4 (Other powers) or 5 (Power to seize evidence)
s 91 61 s 93
Marine Parks Bill 2004
(b) if the person has, or can reasonably obtain, the correct 1
information, gives the correct information. 2
91 Obstructing an inspector 3
(1) A person must not obstruct an inspector in the exercise of a 4
power, unless the person has a reasonable excuse. 5
Maximum penalty--100 penalty units. 6
(2) If a person has obstructed an inspector and the inspector 7
decides to proceed with the exercise of the power, the 8
inspector must warn the person that-- 9
(a) it is an offence to obstruct the inspector, unless the 10
person has a reasonable excuse; and 11
(b) the inspector considers the person's conduct is an 12
obstruction. 13
(3) In this section-- 14
obstruct includes hinder and attempt to obstruct or hinder. 15
92 Impersonating an inspector 16
A person must not pretend to be an inspector. 17
Maximum penalty--50 penalty units. 18
Division 4 Compliance notices 19
93 Compliance notice 20
(1) This section applies if the chief executive or an inspector 21
(each the notifier) reasonably believes-- 22
(a) a person-- 23
(i) is contravening a provision of this Act;14 or 24
14 See Acts Interpretation Act 1954, section 7 (Act includes statutory instruments
under Act etc.).
s 93 62 s 93
Marine Parks Bill 2004
(ii) has contravened a provision of this Act in 1
circumstances that make it likely the contravention 2
will continue or be repeated; and 3
(b) a matter relating to the contravention is reasonably 4
capable of being rectified; and 5
(c) it is appropriate to give the person an opportunity to 6
rectify the matter. 7
(2) The notifier may give the person a notice (a compliance 8
notice) requiring the person to remedy the contravention. 9
(3) The compliance notice must state that the person may appeal 10
under part 8 against the decision to give the notice. 11
(4) Subsection (5) applies if the giving of the compliance notice is 12
for a matter for which a show cause notice about an authority 13
has been given to the person under this or another Act or a law 14
of the Commonwealth or another State. 15
(5) The compliance notice may only be given if, after considering 16
any submission made by the person as required by the show 17
cause notice, the notifier still believes it is appropriate to give 18
the compliance notice. 19
(6) The compliance notice must state each of the following-- 20
(a) that it is given under this provision; 21
(b) that the notifier reasonably believes the person-- 22
(i) is contravening a provision of this Act; or 23
(ii) has contravened a provision of this Act in 24
circumstances that make it likely the contravention 25
will continue or be repeated; 26
(c) the provision the notifier believes is being, or has been, 27
contravened (the relevant provision); 28
(d) briefly, how it is believed the relevant provision is being, 29
or has been, contravened; 30
(e) that the person must remedy the contravention within a 31
stated reasonable time; 32
(f) that it is an offence to fail to comply with the 33
compliance notice unless the person has a reasonable 34
excuse. 35
s 94 63 s 94
Marine Parks Bill 2004
(7) The compliance notice may also state the steps the notifier 1
reasonably believes are necessary to remedy the 2
contravention, or avoid further contravention, of the relevant 3
provision. 4
(8) The person must comply with the compliance notice, unless 5
the person has a reasonable excuse. 6
Maximum penalty-- 7
(a) if it is an offence to contravene the relevant 8
provision--the maximum penalty for contravening that 9
provision; or 10
(b) otherwise--5 penalty units. 11
(9) If it is an offence to contravene the relevant provision, the 12
person can not be prosecuted for that offence unless the 13
person fails to comply with the compliance notice and does 14
not have a reasonable excuse for the noncompliance. 15
(10) In this section-- 16
show cause notice, about an authority, means a notice given to 17
the holder of the authority and inviting the holder to make 18
submissions about why the authority should not be amended, 19
suspended or cancelled. 20
Part 6 Other provisions for protecting 21
the environment and users of 22
marine parks 23
Division 1 Preliminary 24
94 Definitions for pt 6 25
In this part-- 26
inspector includes the chief executive. 27
s 95 64 s 95
Marine Parks Bill 2004
person responsible, for abandoned, stranded, sunk or wrecked 1
property, includes the person in control of the property when 2
it was abandoned, stranded, sunk or wrecked. 3
property does not include land. 4
Division 2 Temporary restricted area 5
declaration 6
95 Temporary restricted area declaration 7
(1) The chief executive may declare an area within a marine park 8
to be a temporary restricted area if the chief executive 9
considers urgent action is needed to deal with-- 10
(a) a serious risk to the park's environment or use and 11
non-use values; or 12
(b) a risk of injury or illness to a person. 13
(2) The declaration must state-- 14
(a) that it is a temporary restricted area declaration; and 15
(b) an outline of the nature of the emergency; and 16
(c) a description, by map or otherwise, of the boundaries of 17
the temporary restricted area. 18
(3) The declaration may provide for the regulation of things the 19
chief executive reasonably considers are necessary to meet the 20
risk for which the declaration is made. 21
(4) The chief executive-- 22
(a) must publish the declaration in the gazette; and 23
(b) may publish the declaration in other ways the chief 24
executive considers appropriate having regard to the 25
nature of the emergency. 26
27
Examples of ways of publishing the declaration--
28
signs, radio announcements
(5) The declaration has effect when it is published in the gazette. 29
s 96 65 s 99
Marine Parks Bill 2004
(6) The chief executive must repeal the declaration as soon as 1
possible after the chief executive considers the emergency no 2
longer exists. 3
96 Expiry of declaration 4
Unless it is earlier repealed, the temporary restricted area 5
declaration expires on the earlier of the following-- 6
(a) the expiry day stated in the declaration; 7
(b) the end of 6 months after it is gazetted. 8
97 Declaration is not subordinate legislation 9
(1) The temporary restricted area declaration is not subordinate 10
legislation. 11
(2) However, the Statutory Instruments Act 1992, sections 49 12
to 51 apply to the declaration as if it were subordinate 13
legislation. 14
15
Note--
16
These provisions deal with the tabling in, and disallowance by, the
17
Legislative Assembly of subordinate legislation.
98 Temporary restricted area declaration prevails over 18
regulation, zoning plan or authority 19
If there is an inconsistency between the temporary restricted 20
area declaration and a regulation, zoning plan or authority 21
issued under this or another Act, the declaration prevails to the 22
extent of the inconsistency. 23
Division 3 Directions for protecting 24
environment and users 25
99 Inspector's power to give directions 26
(1) This section applies if an inspector reasonably believes urgent 27
action is needed to deal with an emergency involving a marine 28
park and-- 29
s 99 66 s 99
Marine Parks Bill 2004
(a) a serious risk to the park's environment or use and 1
non-use values; or 2
(b) a risk of injury or illness to a person; or 3
(c) the safety of a person's property. 4
(2) If it is reasonably necessary for dealing with the emergency, 5
the inspector may give a person a direction regulating or 6
prohibiting the person's entry to or use of the park. 7
(3) Without limiting subsection (2), the inspector may give a 8
person in control of a vessel, vehicle or aircraft in the park a 9
direction-- 10
(a) regulating or prohibiting the driving, riding, parking, 11
mooring or use of the vessel, vehicle or aircraft in the 12
park; or 13
(b) requiring the person to remove the vessel, vehicle or 14
aircraft from the park within a stated reasonable period. 15
(4) Also, without limiting subsection (2), the inspector may give a 16
person responsible for abandoned, stranded, sunk or wrecked 17
property in the park a direction requiring the person, within a 18
stated reasonable period, to take stated reasonable action for 19
all or any of the following-- 20
(a) securing the property's safety or removing or salvaging 21
the property; 22
(b) repairing or remedying any condition caused directly or 23
indirectly by the abandonment, stranding, sinking or 24
wrecking; 25
(c) preventing or minimising any impacts likely to arise, 26
directly or indirectly, from the abandonment, stranding, 27
sinking or wrecking. 28
(5) Subsections (2) to (4) apply whether or not the direction is 29
inconsistent with an authority held by the person. 30
(6) A direction may be given orally, in writing or in another way 31
that sufficiently shows the inspector's intention. 32
33
Example--
34
by use of a sign or signal
(7) The person to whom the direction is given must comply with 35
it, unless the person has a reasonable excuse. 36
s 100 67 s 100
Marine Parks Bill 2004
Maximum penalty--200 penalty units. 1
(8) It is not a reasonable excuse that the person holds an authority 2
that is inconsistent with the direction. 3
(9) In this section-- 4
reasonable period, in urgent circumstances, includes 5
immediately. 6
Division 4 Removing abandoned, stranded, 7
sunk or wrecked property 8
Subdivision 1 Removal of property other than in 9
urgent circumstances 10
100 Inspector's power to remove property 11
(1) This section applies if an inspector reasonably believes 12
property in a marine park is abandoned, stranded, sunk or 13
wrecked and needs to be removed, but not urgently, to-- 14
(a) prevent or remedy any harm to, or loss or destruction of, 15
the park's environment or use and non-use values; or 16
(b) secure the safety of a person or a person's property in 17
the park; or 18
(c) minimise disturbance to persons in the park. 19
(2) Subject to subsection (4) and section 101, the inspector may 20
seize and remove the property to a place decided by the 21
inspector. 22
(3) Subsection (2) applies whether or not the seizure and removal 23
is inconsistent with an authority held by a person. 24
(4) If the person responsible for the property-- 25
(a) has been given a compliance notice, or direction under 26
section 99(4), about the property; or 27
(b) has had an enforcement order about the property made 28
against the person; 29
s 101 68 s 101
Marine Parks Bill 2004
the inspector may seize and remove the property only if the 1
person fails to comply with the compliance notice, direction 2
or enforcement order and does not have a reasonable excuse 3
for the noncompliance. 4
5
Note--
6
For inspectors' obligations in exercising powers under this section, and
7
a person's right to compensation for damage caused in the exercise of a
8
power, see sections 86 to 88.
101 Removal notice 9
(1) Before seizing and removing the property, and subject to 10
section 102, the inspector must give a notice in the approved 11
form (a removal notice) to the person responsible for the 12
property. 13
(2) If the person is not known or can not be found after making 14
reasonable inquiries, the notice must be given by-- 15
(a) if practicable, attaching it to the property intended to be 16
seized; and 17
(b) publishing it in a newspaper circulating in the locality 18
where the property is. 19
(3) The notice must include each of the following particulars-- 20
(a) that the notice is given under this section; 21
(b) the date the notice is given; 22
(c) a description of the property; 23
(d) where and when the property was found; 24
(e) a day, not less than 28 days after the date of the notice, 25
after which, if no one claims the property, the inspector 26
may-- 27
(i) seize and remove the property to the place stated in 28
the notice; and 29
(ii) dispose of it under section 105; 30
(f) a statement to the effect of section 105. 31
(4) Subsection (2) does not require the inspector to make 32
inquiries if it would be unreasonable to make inquiries to find 33
the owner. 34
s 102 69 s 103
Marine Parks Bill 2004
(5) Regard must be had to a thing's nature, condition and value in 1
deciding-- 2
(a) whether it is reasonable to make inquiries; and 3
(b) if making inquiries, what inquiries, including the period 4
over which they are made, are reasonable. 5
102 Seizure, removal and disposal without giving removal 6
notice 7
(1) If it is impracticable or would be unreasonable to give a 8
removal notice given the property's nature, condition and 9
value, the inspector may, without giving the notice-- 10
(a) seize and remove the property under section 100(2); and 11
(b) having regard to the value and condition of the 12
property-- 13
(i) sell the property by public auction; or 14
(ii) destroy or otherwise dispose of it. 15
16
Example--
17
general rubbish or lost property, including for example, clothing,
18
fishing nets and crab pots
(2) Compensation is not payable for a sale or disposal under 19
subsection (1). 20
21
Note--
22
For inspectors' obligations in exercising powers under this section, and
23
a person's right to compensation for damage caused in the exercise of a
24
power, see sections 86 to 88.
Subdivision 2 Removal of property in urgent 25
circumstances 26
103 Inspector's power to remove property 27
(1) This section applies if an inspector reasonably believes 28
property in a marine park is abandoned, stranded, sunk or 29
wrecked and needs to be removed urgently to-- 30
(a) prevent or remedy any harm to, or loss or destruction of, 31
the park's environment or use and non-use values; or 32
s 103 70 s 103
Marine Parks Bill 2004
(b) secure the safety of a person or a person's property in 1
the park; or 2
(c) minimise disturbance to persons in the park. 3
(2) Subject to subsections (4) and (5), the inspector may seize and 4
remove the property to a place decided by the inspector. 5
(3) Subsection (2) applies whether or not the seizure and removal 6
is inconsistent with an authority held by a person. 7
(4) Subsection (5) applies if the person responsible for the 8
property-- 9
(a) has been given a compliance notice, or direction under 10
section 99(4), about the property; or 11
(b) has had an enforcement order about the property made 12
against the person. 13
(5) The inspector may seize and remove the property only if-- 14
(a) the person fails to comply with the compliance notice, 15
direction or enforcement order and does not have a 16
reasonable excuse for the noncompliance; or 17
(b) for property required to be removed by a particular day 18
or within a particular period as required under the 19
compliance notice, direction or enforcement order--the 20
inspector reasonably believes-- 21
(i) the property needs to be removed immediately, or 22
sooner than as required by the compliance notice, 23
direction or enforcement order; and 24
(ii) the person responsible for the property is unwilling 25
or unable to remove the property sooner than as 26
required by the compliance notice, direction or 27
enforcement order. 28
(6) If the inspector seizes and removes the property under 29
subsection (5)(b), the person responsible for the property can 30
not be prosecuted for failing to remove the property by the 31
day or within the period as required under the compliance 32
notice, direction or enforcement order. 33
s 104 71 s 104
Marine Parks Bill 2004
1
Note--
2
For inspectors' obligations in exercising powers under this section, and
3
a person's right to compensation for damage caused in the exercise of a
4
power, see sections 86 to 88.
104 Removal notice 5
(1) As soon as practicable after seizing and removing the 6
property, the inspector must give a notice in the approved 7
form (a removal notice) to the person responsible for the 8
property. 9
(2) If the person is not known or can not be found after making 10
reasonable inquiries, the notice may be given by publishing it 11
in a newspaper circulating throughout the State. 12
(3) The notice must include each of the following particulars-- 13
(a) that the notice is given under this section; 14
(b) the date the notice is given; 15
(c) a description of the property; 16
(d) where and when the property was found; 17
(e) where the property was moved to, and when it was 18
moved; 19
(f) a day, not less than 28 days after the date of the notice, 20
after which, if no one claims the property, the inspector 21
may dispose of it under section 105; 22
(g) a statement to the effect of section 105. 23
(4) Subsection (2) does not require the inspector to make 24
inquiries if it would be unreasonable to make inquiries to find 25
the person. 26
(5) Regard must be had to a thing's nature, condition and value 27
when seized in deciding-- 28
(a) whether it is reasonable to make inquiries; and 29
(b) if making inquiries, what inquiries, including the period 30
over which they are made, are reasonable. 31
s 105 72 s 107
Marine Parks Bill 2004
Subdivision 3 Dealing with property after removal 1
105 Action inspector may take if property not claimed 2
(1) If no one claims the property the subject of a removal notice 3
by the day stated in the notice, the inspector who gave the 4
notice may-- 5
(a) having regard to the property's value and condition-- 6
(i) sell it by public auction; or 7
(ii) destroy or otherwise dispose of it; and 8
(b) take any action reasonably necessary to restore the 9
environment from which it was removed. 10
(2) Compensation is not payable for a sale or disposal under 11
subsection (1)(a). 12
106 Dealing with proceeds of sale 13
The proceeds from a sale of property under section 102(1)(b) 14
or 105(1)(a) must be applied as follows-- 15
(a) firstly, in payment of the expenses of the sale; 16
(b) secondly, in payment of the costs of-- 17
(i) seizing, removing and storing the property; and 18
(ii) preparing and giving the removal notice; 19
(c) thirdly in payment of any costs of the State in taking 20
action under section 105(1)(b); 21
(d) fourthly, in payment of the balance to the owner of the 22
property, or if the owner can not be found, to the 23
consolidated fund. 24
107 Release of property 25
If a person claims the property the subject of a removal notice, 26
the inspector may release it to the person only if the person-- 27
(a) satisfies the inspector the person has a right to the 28
property; and 29
s 108 73 s 109
Marine Parks Bill 2004
(b) pays the inspector's reasonable costs of-- 1
(i) seizing, removing and holding the property; and 2
(ii) preparing and giving the removal notice; and 3
(iii) if notice is given of the sale of the 4
property--giving the notice; and 5
(iv) preventing or minimising impacts arising, directly 6
or indirectly, from the abandonment, stranding, 7
sinking or wrecking of the property. 8
108 Recovery of costs of removal etc. 9
The costs reasonably incurred by an inspector in taking all or 10
any of the following action under this division because of a 11
person's contravention of a provision of this Act are a debt 12
payable by the person to the State-- 13
(a) seizing, removing and storing the person's property; 14
(b) preparing and giving a removal notice concerning the 15
property; 16
(c) action reasonably necessary-- 17
(i) to restore the environment from which the person's 18
property was removed; or 19
(ii) to prevent or minimise impacts arising, directly or 20
indirectly, from the abandonment, stranding, 21
sinking or wrecking of the person's property. 22
Division 5 Restoration of environment etc. 23
109 Restoration of environment etc. 24
(1) This section applies if an inspector reasonably believes-- 25
(a) a person has failed to comply with a compliance notice, 26
direction given under section 99 or enforcement order; 27
or 28
(b) urgent action is needed to deal with an emergency 29
involving a marine park and a serious risk to-- 30
s 109 74 s 109
Marine Parks Bill 2004
(i) the park's environment or use and non-use values; 1
or 2
(ii) the safety of a person or a person's property. 3
(2) The inspector may take the action (other than seizing and 4
removing abandoned, stranded, sunk or wrecked property) the 5
inspector considers appropriate to do all or any of the 6
following-- 7
(a) repair or remedy any condition caused by the 8
noncompliance or emergency; 9
(b) mitigate any damage caused by the noncompliance or 10
emergency; 11
(c) prevent any damage the inspector reasonably considers 12
is likely to arise from the noncompliance or emergency. 13
14
Examples of action the inspector may take--
15
1. investigate or monitor any condition, or any action taken to
16
repair, remedy, mitigate or prevent damage, caused by the
17
noncompliance or emergency
18
2. rehabilitate or restore a marine park to its condition before
19
the noncompliance or emergency
20
3. treat, remove, destroy, house or otherwise protect animals or
21
plants affected or likely to be affected by the noncompliance
22
or emergency
23
4. carry out works
24
Note--
25
See sections 100 and 103 for inspectors' powers to remove abandoned,
26
stranded, sunk or wrecked property.
(3) Subsection (2) applies whether or not the action is 27
inconsistent with an authority held by a person. 28
(4) The costs reasonably incurred in taking the action because of 29
a person's noncompliance with a compliance notice, direction 30
given under section 99 or enforcement order are a debt 31
payable by the person to the State. 32
33
Note--
34
For inspectors' obligations in exercising powers under this section, and
35
a person's right to compensation for damage caused in the exercise of a
36
power, see sections 86 to 88.
s 110 75 s 111
Marine Parks Bill 2004
Part 7 Proceedings for enforcement 1
orders 2
Division 1 Preliminary 3
110 Definitions for pt 7 4
In this part-- 5
court means the Planning and Environment Court. 6
person includes a body of persons, whether incorporated or 7
unincorporated. 8
Division 2 Enforcement orders 9
111 Proceeding for enforcement orders 10
(1) The chief executive or an inspector may bring a proceeding in 11
the court-- 12
(a) for an order to remedy or restrain the commission of an 13
offence against this Act (an enforcement order); or 14
(b) if the person has brought a proceeding under this section 15
for an enforcement order and the court has not decided 16
the proceeding--for an order under section 112 17
(an interim enforcement order); or 18
(c) for an order to cancel or change an enforcement order or 19
interim enforcement order. 20
(2) Another person may bring a proceeding in the court-- 21
(a) for an order to remedy or restrain the commission of an 22
offence against section 43 or 5015 (an enforcement 23
order); or 24
(b) if the person has brought a proceeding under this section 25
for an enforcement order and the court has not decided 26
15 Section 43 (Entry or use for a prohibited purpose) or 50 (Unlawful serious
environmental harm)
s 112 76 s 113
Marine Parks Bill 2004
the proceeding--for an order under section 112 1
(an interim enforcement order); or 2
(c) for an order to cancel or change an enforcement order or 3
interim enforcement order. 4
(3) A person may, under subsection (2), bring a proceeding for an 5
enforcement order whether or not any right of the person has 6
been, or may be, infringed by, or because of, the commission 7
of the offence. 8
(4) If the chief executive is not a party to a proceeding for an 9
order mentioned in subsection (2), the person bringing the 10
proceeding must, within 7 days after starting the proceeding, 11
give the chief executive written notice of the proceeding. 12
Maximum penalty--15 penalty units. 13
(5) The Minister or the chief executive may choose to be a party 14
to a proceeding mentioned in this section by filing in the court 15
a notice of election in the form approved by the chief 16
executive. 17
112 Making interim enforcement order 18
(1) The court may make an order pending a decision of a 19
proceeding for an enforcement order if the court is satisfied it 20
would be appropriate to make the order. 21
(2) The court may make the order subject to conditions. 22
(3) However, the court may not require as a condition of the order 23
that the applicant for the order give an undertaking about 24
damages. 25
113 Making enforcement order 26
(1) The court may make an enforcement order if the court is 27
satisfied the offence-- 28
(a) is being or has been committed; or 29
(b) will be committed unless the enforcement order is made. 30
(2) If the court is satisfied the offence is being or has been 31
committed, the court may make an enforcement order whether 32
s 114 77 s 114
Marine Parks Bill 2004
or not there has been a prosecution for the offence under this 1
Act. 2
114 Effect of orders 3
(1) An enforcement order or an interim enforcement order may 4
direct a party to the proceeding for the order-- 5
(a) to stop an activity that is, or would be, an offence if not 6
stopped; or 7
(b) not to start an activity that is an offence if started; or 8
(c) to do anything required to stop committing an offence; 9
or 10
(d) to do anything to prevent or minimise impacts arising or 11
likely to arise, directly or indirectly, from the 12
commission of an offence; or 13
(e) to do anything to comply with this Act. 14
(2) Without limiting the court's powers, an enforcement order or 15
an interim enforcement order may require-- 16
(a) the repair, demolition or removal of a building; or 17
(b) the rehabilitation or restoration of an area adversely 18
affected by the commission of an offence (an affected 19
area); or 20
(c) if an affected area is not capable of being rehabilitated 21
or restored--the rehabilitation or restoration of a stated 22
area of equivalent size to the affected area. 23
(3) An enforcement order or an interim enforcement order-- 24
(a) may be in terms the court considers appropriate to 25
secure compliance with this Act; and 26
(b) must state the time by which the order is to be complied 27
with. 28
(4) A person must not contravene an enforcement order or an 29
interim enforcement order. 30
Maximum penalty--3 000 penalty units or 2 years 31
imprisonment. 32
s 115 78 s 115
Marine Parks Bill 2004
(5) In this section-- 1
offence means-- 2
(a) for an enforcement order sought by the chief executive 3
or an inspector--an offence against this Act; or 4
(b) for an enforcement order sought by someone else--an 5
offence against section 43 or 50. 6
115 Court's powers about orders 7
(1) The court's power to make an enforcement order or interim 8
enforcement order to stop, or not to start, an activity may be 9
exercised-- 10
(a) whether or not it appears to the court that the person 11
against whom the order is made intends to engage, or to 12
continue to engage, in the activity; and 13
(b) whether or not the person against whom the order is 14
made has previously engaged in an activity of the kind; 15
and 16
(c) whether or not there is a serious threat to a marine park's 17
environment or use and non-use values or injury to 18
another person if the person against whom the order is 19
made engages, or continues to engage, in the activity. 20
(2) The court's power to make an enforcement order or interim 21
enforcement order to do anything may be exercised-- 22
(a) whether or not it appears to the court that the person 23
against whom the order is made intends to fail, or to 24
continue to fail, to do the thing; and 25
(b) whether or not the person against whom the order is 26
made has previously failed to do a thing of the kind; and 27
(c) whether or not there is a serious threat to a marine park's 28
environment or use and non-use values or injury to 29
another person if the person against whom the order is 30
made fails, or continues to fail, to do the thing. 31
(3) The court may make an order to cancel or change an 32
enforcement order or interim enforcement order. 33
s 116 79 s 117
Marine Parks Bill 2004
(4) The court's power under this section is in addition to its other 1
powers. 2
Division 3 General procedural provision 3
116 Proceeding brought in representative capacity 4
(1) A proceeding under this part may be brought by a person on 5
behalf of another entity with the entity's consent. 6
(2) If the entity on whose behalf the proceeding is brought is an 7
unincorporated body, the body's committee or other 8
controlling or governing entity must give the consent. 9
(3) The entity on whose behalf the proceeding is brought may 10
contribute to, or pay, the legal costs incurred by the person 11
bringing the proceeding. 12
Part 8 Appeals and review 13
Division 1 Preliminary 14
117 Appeal against particular decisions must be by way of 15
internal review or ADR process 16
(1) A person who is given a compliance notice or removal notice 17
may appeal against the decision to give the notice 18
(the original decision) by way of-- 19
(a) an application for internal review under division 2; or 20
(b) an alternative dispute resolution process provided for 21
under a regulation. 22
(2) Without limiting subsection (1)(b), a regulation may provide 23
for the use of mediators and case appraisers approved under-- 24
(a) the District Court of Queensland Act 1967, part 7;16 or 25
16 District Courts Act 1967, part 7 (ADR processes)
s 118 80 s 119
Marine Parks Bill 2004
(b) the Uniform Civil Procedure Rules 1999, chapter 9, 1
part 4.17 2
Division 2 Internal review 3
118 Applying for an internal review 4
(1) An application for internal review must be in the approved 5
form and-- 6
(a) made to the chief executive within 28 days after the day 7
the person is given the compliance notice or removal 8
notice; and 9
(b) supported by enough information to enable the chief 10
executive to decide the application. 11
(2) The chief executive may extend the time for applying for the 12
internal review. 13
(3) The application does not stay the original decision. 14
(4) The application must not be dealt with by-- 15
(a) the person who made the original decision; or 16
(b) a person in a less senior office than the person who made 17
the original decision. 18
(5) Subsection (4)-- 19
(a) applies despite the Acts Interpretation Act 1954, 20
section 27A;18 and 21
(b) does not apply to an original decision made by the chief 22
executive. 23
119 Review decision 24
(1) If the chief executive is satisfied the applicant has complied 25
with section 118, the chief executive must, within 28 days 26
after receiving the application-- 27
17 Uniform Civil Procedure Rules 1999, chapter 9 (Ending proceedings early),
part 4 (Alternative dispute resolution processes)
18 Acts Interpretation Act 1954, section 27A (Delegation of powers)
s 120 81 s 120
Marine Parks Bill 2004
(a) review the original decision; and 1
(b) make a decision (the review decision) to-- 2
(i) confirm the original decision; or 3
(ii) amend the original decision; or 4
(iii) substitute another decision for the original 5
decision. 6
(2) Within 14 days after making the review decision, the chief 7
executive must give the applicant notice (the review notice) of 8
the review decision. 9
(3) The review notice must also state-- 10
(a) the reasons for the review decision; and 11
(b) that the applicant may, within 28 days after the day the 12
applicant is given the notice, appeal against the review 13
decision to a Magistrates Court; and 14
(c) how to appeal. 15
(4) If the chief executive does not comply with subsection (1) 16
or (2), the chief executive is taken to have made a decision 17
confirming the original decision. 18
(5) For the purpose of an appeal to a Magistrates Court-- 19
(a) if the review decision confirms the original decision, the 20
original decision is taken to be the review decision; or 21
(b) if the review decision amends the original decision, the 22
original decision as amended is taken to be the review 23
decision. 24
120 Stay of operation of original decision 25
(1) If an application is made for an internal review of an original 26
decision, the applicant may immediately apply for a stay of 27
the original decision to a Magistrates Court. 28
(2) The court may stay the original decision to secure the 29
effectiveness of the review and any later appeal to the court. 30
(3) The stay-- 31
(a) may be given on conditions the court considers 32
appropriate; and 33
s 121 82 s 122
Marine Parks Bill 2004
(b) operates for the period fixed by the court; and 1
(c) may be revoked or amended by the court. 2
(4) The period of the stay must not extend past the time when the 3
chief executive makes a review decision about the original 4
decision and any later period the court allows the applicant to 5
enable the applicant to appeal against the review decision. 6
(5) The application affects the original decision, or carrying out 7
of the decision, only if the decision is stayed. 8
Division 3 Appeals to Magistrates Court 9
121 How to start appeal 10
(1) An appeal is started by-- 11
(a) filing written notice of the appeal with the clerk of the 12
court of the Magistrates Court in which the appeal is 13
started; and 14
(b) complying with the rules of court applicable to the 15
appeal. 16
(2) The notice of appeal must-- 17
(a) be filed within 30 days after the appellant receives 18
notice of the review decision or the decision is taken, 19
under section 119(4) to have been made; and 20
(b) state fully the grounds of the appeal and the facts relied 21
on. 22
(3) The court may at any time extend the time for filing the notice 23
of appeal. 24
122 Appellant to give notice of appeal 25
Within 7 days after filing a notice of appeal, the appellant 26
must serve notice of the appeal on the chief executive. 27
s 123 83 s 125
Marine Parks Bill 2004
123 Stay of operation of decision 1
(1) The court may grant a stay of the operation of the decision to 2
secure the effectiveness of the appeal. 3
(2) The stay-- 4
(a) may be given on conditions the court considers 5
appropriate; and 6
(b) operates for the period fixed by the court; and 7
(c) may be revoked or amended by the court. 8
(3) The period of the stay must not extend past the time when the 9
court decides the appeal. 10
(4) The appeal affects the review decision, or carrying out of the 11
decision, only if the decision is stayed. 12
124 Powers of court on appeal 13
In deciding the appeal, the court may-- 14
(a) confirm the review decision; or 15
(b) set aside the review decision; or 16
(c) set aside the review decision and replace it with a 17
decision the court considers appropriate; or 18
(d) change the review decision in the way the court 19
considers appropriate; or 20
(e) send the matter back to the chief executive and give the 21
directions the court considers appropriate. 22
Part 9 Legal proceedings 23
Division 1 Evidence 24
125 Application of div 1 25
This division applies to a proceeding under this Act. 26
s 126 84 s 128
Marine Parks Bill 2004
126 Appointments and authority 1
It is not necessary to prove the appointment of any of the 2
following persons or their authority to do anything under this 3
Act-- 4
(a) the Minister; 5
(b) the chief executive; 6
(c) an inspector. 7
127 Signatures 8
A signature purporting to be the signature of the Minister, the 9
chief executive or an inspector is evidence of the signature it 10
purports to be. 11
128 Certificate about evidence of location of aircraft or vessel 12
(1) A certificate signed by the chief executive or an inspector may 13
state that-- 14
(a) the person used equipment prescribed under a regulation 15
to retrieve data sent from the monitoring system 16
equipment for a stated aircraft or vessel; and 17
(b) the data recorded the monitoring system equipment's 18
position to be at a stated place at a stated time on a 19
stated day. 20
(2) The certificate is evidence that the aircraft or vessel was at the 21
place at the time on the day. 22
23
Example--
24
An inspector signs a certificate stating that, on 21 January 2004, the
25
inspector, using ABC equipment, being equipment prescribed under
26
a regulation, retrieved data sent from the monitoring system
27
equipment for XYZ boat that recorded the monitoring system
28
equipment's position to be--
29
(a) at latitude 24º33'07" south and longitude 152º57'25" east at
30
9.30 a.m. on 1 January 2002; and
31
(b) at latitude 24º28'00" south and longitude 152º55'32" east at
32
12.45 p.m. on 5 January 2002.
33
The inspector's certificate is evidence the XYZ boat was at the
34
places stated in paragraphs (a) and (b) at the times and on the days
35
stated.
s 129 85 s 129
Marine Parks Bill 2004
(3) For subsection (1), a single certificate may be issued for data 1
sent at more than 1 time on a day or on more than 1 day. 2
(4) In this section-- 3
monitoring system equipment means-- 4
(a) for an aircraft--equipment-- 5
(i) used as part of a system that monitors the position 6
and operation of the aircraft; and 7
(ii) required under this or another Act or a law of the 8
Commonwealth or another State to be carried on 9
the aircraft; or 10
(b) for a vessel--equipment-- 11
(i) used as part of a system that monitors the position 12
and operation of the vessel; and 13
(ii) required under this or another Act or a law of the 14
Commonwealth or another State to be carried on 15
the vessel. 16
129 Evidentiary matters 17
A certificate purporting to be signed by the chief executive or 18
an inspector and stating any of the following matters is 19
evidence of the matter-- 20
(a) a stated document is 1 of the following things made, 21
given, issued or kept under this Act-- 22
(i) an appointment, approval or decision; 23
(ii) a direction, notice or requirement; 24
(iii) an authority; 25
(iv) a record or other document; 26
(b) a stated document is of a stated type mentioned in 27
paragraph (a) and made, given, issued or kept under 28
environment conservation legislation other than this Act; 29
(c) a stated document is a copy of a thing mentioned in 30
paragraph (a) or (b); 31
(d) on a stated day, or during a stated period, a stated person 32
was or was not the holder of a stated authority; 33
s 130 86 s 130
Marine Parks Bill 2004
(e) a stated authority-- 1
(i) was or was not issued for a stated term; or 2
(ii) was or was not in force on a stated day or during a 3
stated period; or 4
(iii) was or was not subject to a stated condition; 5
(f) on a stated day, or during a stated period, a stated 6
authority was suspended for a stated period or 7
cancelled; 8
(g) on a stated day, or during a stated period, an 9
appointment as an inspector was, or was not, in force for 10
a stated person; 11
(h) on a stated day, a stated person was given a stated 12
direction, notice or requirement under this Act; 13
(i) stated costs were incurred by the chief executive in 14
taking stated action mentioned in section 10819 or under 15
section 10920 and are payable by a stated person; 16
(j) a stated amount is payable under this Act by a stated 17
person and has not been paid. 18
Division 2 Matters about offence proceedings 19
and indictable and summary 20
offences 21
130 Types of offences 22
(1) Subject to subsection (2), an offence against this Act is a 23
summary offence. 24
(2) An offence against this Act for which the maximum penalty 25
of imprisonment is 2 years is an indictable offence that is a 26
misdemeanour. 27
19 Section 108 (Recovery of costs of removal etc.)
20 Section 109 (Restoration of environment etc.)
s 131 87 s 132
Marine Parks Bill 2004
131 Proceedings for indictable offence 1
(1) A proceeding for an indictable offence against this Act may be 2
taken, at the election of the prosecution-- 3
(a) by way of summary proceeding under the Justices 4
Act 1886; or 5
(b) on indictment. 6
(2) A magistrate must not hear an indictable offence summarily 7
if-- 8
(a) the defendant asks at the start of the hearing that the 9
charge be prosecuted on indictment; or 10
(b) the magistrate believes the charge should be prosecuted 11
on indictment. 12
(3) If subsection (2) applies-- 13
(a) the magistrate must proceed by way of an examination 14
of witnesses for an indictable offence; and 15
(b) a plea of the person charged at the start of the 16
proceeding must be disregarded; and 17
(c) evidence brought in the proceeding before the 18
magistrate decided to act under subsection (2) is taken 19
to be evidence in the proceeding for the committal of the 20
person for trial or sentence; and 21
(d) before committing the person for trial or sentence, the 22
magistrate must make a statement to the person as 23
required by the Justices Act 1886, section 104(2)(b).21 24
(4) The maximum penalty that may be summarily imposed for an 25
indictable offence is 165 penalty units or 1 year's 26
imprisonment. 27
132 Limitation on who may summarily hear indictable offence 28
(1) A proceeding must be before a magistrate if it is a 29
proceeding-- 30
21 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 133 88 s 133
Marine Parks Bill 2004
(a) for the summary conviction of a person on a charge for 1
an indictable offence; or 2
(b) for an examination of witnesses for a charge for an 3
indictable offence. 4
(2) However, if the proceeding is brought before a justice who is 5
not a magistrate, jurisdiction is limited to taking or making a 6
procedural action or order within the meaning of the Justices 7
of the Peace and Commissioners for Declarations Act 1991. 8
133 Limitation on time for starting summary proceeding 9
(1) A proceeding for a summary offence against this Act by way 10
of summary proceeding under the Justices Act 1886 must 11
start-- 12
(a) within 1 year after the commission of the offence; or 13
(b) within 1 year after the offence comes to the 14
complainant's knowledge, but within 2 years after the 15
commission of the offence. 16
(2) If a Magistrates Court considers it just and equitable in the 17
circumstances, the court may, at any time, extend a time set 18
under subsection (1). 19
(3) Without limiting subsection (2), the matters the court may 20
have regard to in deciding what is just and equitable include 21
the following-- 22
(a) the availability of evidence of the offence; 23
(b) the conduct of the defendant since the alleged offence; 24
(c) the prejudice the proposed extension of time is likely to 25
cause the defendant; 26
(d) the adverse impact on a marine park's environment or 27
use and non-use values the alleged offence has caused, 28
or is likely to cause, whether directly or indirectly. 29
(4) Subsection (2)-- 30
(a) applies to an offence regardless of whether it was 31
committed before or after the commencement of the 32
subsection; and 33
s 134 89 s 135
Marine Parks Bill 2004
(b) does not apply to an offence if the time for starting a 1
proceeding for the offence had expired before the 2
commencement of the subsection. 3
134 Allegations of false or misleading information or 4
documents 5
It is enough for a complaint for an offence against this Act 6
involving false or misleading information, or a false or 7
misleading document, to state the statement made, or 8
document given, was `false or misleading' to the person's 9
knowledge, without specifying which. 10
135 Responsibility for acts or omissions of representatives 11
(1) This section applies in a proceeding for an offence against this 12
Act. 13
(2) If it is relevant to prove a person's state of mind about a 14
particular act or omission, it is enough to show-- 15
(a) the act was done or omitted to be done by a 16
representative of the person within the scope of the 17
representative's actual or apparent authority; and 18
(b) the representative had the state of mind. 19
(3) An act done or omitted to be done for a person by a 20
representative of the person within the scope of the 21
representative's actual or apparent authority is taken to have 22
been done or omitted to be done also by the person, unless the 23
person proves the person could not, by the exercise of 24
reasonable diligence, have prevented the act or omission. 25
(4) In this section-- 26
representative means-- 27
(a) for a corporation--an executive officer, employee or 28
agent of the corporation; or 29
(b) for an individual--an employee or agent of the 30
individual. 31
s 136 90 s 137
Marine Parks Bill 2004
state of mind of a person includes-- 1
(a) the person's knowledge, intention, opinion, belief or 2
purpose; and 3
(b) the person's reasons for the intention, opinion, belief or 4
purpose. 5
136 Executive officers responsible for ensuring corporation 6
complies with Act 7
(1) The executive officers of a corporation must ensure the 8
corporation complies with this Act. 9
(2) If a corporation commits an offence against a provision of this 10
Act, each of the corporation's executive officers also commits 11
an offence, namely, the offence of failing to ensure the 12
corporation complies with the provision. 13
Maximum penalty--the maximum penalty for the 14
contravention of the provision by an individual. 15
(3) Evidence that the corporation has been convicted of an 16
offence against a provision of this Act is evidence that each of 17
the executive officers committed the offence of failing to 18
ensure the corporation complies with the provision. 19
(4) However, it is a defence for an executive officer to prove-- 20
(a) if the officer was in a position to influence the conduct 21
of the corporation in relation to the offence--the officer 22
exercised reasonable diligence to ensure the corporation 23
complied with the provision; or 24
(b) the officer was not in a position to influence the conduct 25
of the corporation in relation to the purpose. 26
137 Holder of authority responsible for ensuring Act 27
complied with 28
(1) The holder of an authority must ensure that everyone acting 29
under the authority complies with this Act. 30
(2) If another person acting under the authority commits an 31
offence against a provision of this Act, the holder of the 32
authority also commits an offence, namely, the offence of 33
failing to ensure the other person complied with the provision. 34
s 138 91 s 138
Marine Parks Bill 2004
Maximum penalty--the maximum penalty prescribed for 1
contravention of the provision. 2
(3) Evidence that the other person has been convicted of an 3
offence against the provision while acting under the authority 4
is evidence that the holder of the authority committed the 5
offence of failing to ensure the other person complied with the 6
provision. 7
(4) However, it is a defence for the holder of the authority to 8
prove-- 9
(a) the offence was committed without the holder's 10
knowledge; and 11
(c) the holder exercised reasonable diligence to ensure the 12
other person complied with the provision. 13
138 Responsibility for offences committed with use of vessel, 14
vehicle or aircraft 15
(1) Each responsible person for a vessel, vehicle or aircraft 16
commits an offence if-- 17
(a) someone else uses the vessel, vehicle or aircraft in 18
committing an offence against this Act; and 19
(b) the responsible person-- 20
(i) knew, or had reasonable grounds to suspect, that 21
the vessel, vehicle or aircraft would be used in 22
committing the offence; and 23
(ii) did not take reasonable steps to prevent its use in 24
committing the offence. 25
Maximum penalty--the maximum penalty for committing the 26
offence mentioned in paragraph (a). 27
(2) In this section-- 28
responsible person, for a vessel, vehicle or aircraft used in 29
committing an offence, means-- 30
(a) an owner of the vessel, vehicle or aircraft at the time the 31
offence was committed; or 32
(b) a person in control of the vessel, vehicle or aircraft at the 33
time the offence was committed; or 34
s 139 92 s 139
Marine Parks Bill 2004
(c) a person (the operator) who, at the time the offence was 1
committed, was a party to an agreement with a person 2
mentioned in paragraph (a) or (b) under which the 3
operator, or the operator and the other party to the 4
agreement, were authorised to decide the activities for 5
the vessel, vehicle or aircraft's use. 6
139 Court's powers on conviction for an offence 7
(1) The court may, in a proceeding for an offence against this Act, 8
and in addition to any penalty imposed, order that the offender 9
do 1 or more of the following-- 10
(a) take stated action-- 11
(i) to prevent or minimise harm to the marine 12
environment or a marine park's use and non-use 13
values resulting from the offence; or 14
(ii) to rehabilitate, restore or otherwise conserve the 15
marine environment or a marine park's use and 16
non-use values because of the offence; or 17
(iii) to restore or replace property damaged as a result 18
of the offence; or 19
(iv) to remove property, the subject of the offence or 20
used to commit the offence, from a marine park; 21
(b) pay an amount to the State to cover the State's costs 22
reasonably incurred in taking action mentioned in 23
section 10822 or under section 109;23 24
(c) pay an amount to the State to cover the State's costs and 25
expenses in taking future action-- 26
(i) to prevent or minimise harm to the marine 27
environment or a marine park's use and non-use 28
values resulting from the offence; or 29
(ii) to rehabilitate, restore or otherwise conserve the 30
marine environment or a marine park's use and 31
non-use values because of the offence; 32
22 Section 108 (Recovery of costs of removal etc.)
23 Section 109 (Restoration of environment etc.)
s 140 93 s 140
Marine Parks Bill 2004
(d) pay compensation to the State for any harm to, or loss or 1
destruction of, a marine park's environment or use and 2
non-use values; 3
(e) pay compensation to an affected person for the injury, 4
loss or damage suffered, or costs or expenses incurred, 5
by the person as a result of the offence; 6
(f) pay the department's reasonable costs of investigating 7
the offence. 8
9
Example of reasonable costs for paragraph (f)--
10
taking a sample, or conducting an inspection, test,
11
measurement or analysis, of something
(2) This section does not limit the court's powers under the 12
Penalties and Sentences Act 1992 or another law. 13
(3) In this section-- 14
affected person means a person who, because of the offence, 15
has-- 16
(a) suffered any of the following-- 17
(i) personal injury; 18
(ii) loss of income; 19
(iii) loss of, or damage to, property; or 20
(b) incurred costs or expenses in preventing or minimising, 21
or attempting to prevent or minimise, loss or damage 22
mentioned in paragraph (a). 23
offender means a person who is convicted of an offence, 24
whether or not a conviction is recorded. 25
Division 3 Judicial review of administrative 26
decisions 27
140 Extended standing for judicial review 28
(1) This section applies, for the Judicial Review Act 1991, to any 29
of the following-- 30
(a) a decision made under this Act; 31
(b) a failure to make a decision under this Act; 32
s 140 94 s 140
Marine Parks Bill 2004
(c) conduct engaged in for the purpose of making a decision 1
under this Act. 2
(2) An individual is taken to be a person aggrieved by the 3
decision, failure or conduct if-- 4
(a) the individual is-- 5
(i) an Australian citizen; or 6
(ii) ordinarily resident in Australia; and 7
(b) at any time in the 2 years immediately before the 8
decision, failure or conduct, the individual engaged in a 9
series of activities in Australia for the protection or 10
conservation of, or research into, the environment. 11
(3) A corporation or association, whether or not incorporated, and 12
a person acting for an unincorporated association, is taken to 13
be a person aggrieved by the decision, failure or conduct if-- 14
(a) the corporation or association is incorporated, or was 15
otherwise established, in Australia; and 16
(b) at any time in the 2 years immediately before the 17
decision, failure or conduct, the corporation or 18
association engaged in a series of activities in Australia 19
for the protection or conservation of, or research into, 20
the environment; and 21
(c) at the time of the decision, failure or conduct, the 22
objects or purposes of the corporation or association 23
include protection or conservation of, or research into, 24
the environment. 25
(4) A term used in this section that is defined in the Judicial 26
Review Act 1991 has the meaning given to it by that Act. 27
s 141 95 s 142
Marine Parks Bill 2004
Part 10 Miscellaneous 1
Division 1 Codes of practice 2
141 Approval or making of code 3
(1) The chief executive may, by gazette notice, approve or make a 4
code of practice providing standard conditions for authorities 5
authorising the entry to or use of a marine park. 6
(2) The notice must state that-- 7
(a) the code has been approved or made; and 8
(b) copies of the code are available-- 9
(i) during normal business hours at stated places the 10
chief executive considers appropriate; and 11
(ii) on the department's web site on the Internet. 12
(3) A code of practice is not subordinate legislation. 13
(4) However, the Statutory Instruments Act 1992, sections 49 14
to 51 apply to the notice as if it were subordinate legislation. 15
16
Note--
17
These provisions deal with the tabling in, and disallowance by, the
18
Legislative Assembly of subordinate legislation.
(5) When the code is tabled as required under the Statutory 19
Instruments Act 1992, section 49, a copy of any document 20
applied, adopted or incorporated by the plan must also be 21
tabled. 22
142 When code has effect 23
A code of practice has effect on and from the later of the 24
following days-- 25
(a) the day the gazette notice about the code, as required 26
under section 141, is published in the gazette; or 27
(b) the commencement day stated in the notice. 28
s 143 96 s 144
Marine Parks Bill 2004
143 Access to code 1
(1) The chief executive must keep a copy of each code of practice, 2
and each document applied, adopted or incorporated by the 3
code, available for inspection, without charge-- 4
(a) during normal business hours at-- 5
(i) the department's head office24 and each regional 6
office of the department; and 7
(ii) the other places stated in the notice given under 8
section 141; and 9
(b) on the department's web site on the Internet.25 10
(2) On payment of the fee, if any, decided by the chief executive, 11
a person may obtain a copy of the code from the chief 12
executive. 13
Division 2 Other miscellaneous provisions 14
144 Public authority's obligation about threatening incidents 15
for marine parks 16
(1) Subject to subsection (4), subsection (2) applies if a public 17
authority becomes aware of, or proposes carrying out an 18
emergency response to, an incident having the potential to 19
cause a serious risk to-- 20
(a) the park's environment or use and non-use values; or 21
(b) a person or thing in the park. 22
(2) The authority must-- 23
(a) notify the chief executive about the nature of the 24
incident or proposed emergency response; and 25
(b) ask the chief executive for advice about responding to 26
the incident; and 27
(c) state enough information about the incident or proposed 28
response to enable the chief executive to give the advice. 29
24 The department's head office is at 160 Ann Street, Brisbane.
25 The department's web site on the Internet is .
s 145 97 s 146
Marine Parks Bill 2004
(3) The chief executive must give the advice to the public 1
authority as soon as practicable after receiving the notice. 2
(4) Subsection (2) does not apply if the chief executive has 3
advised the public authority that the chief executive is 4
satisfied with the authority's contingency plan or other 5
documented arrangement for dealing with an incident of the 6
type mentioned in subsection (1). 7
(5) If the chief executive gives advice to a public authority under 8
subsection (3) before the authority needs to respond to an 9
incident mentioned in subsection (1), the authority must 10
consider the advice in responding to the incident. 11
(6) In this section-- 12
public authority means-- 13
(a) an entity declared under the Public Service Act 1996 to 14
be a department of government; or 15
(b) a local government or other entity established by an Act. 16
145 Chief executive's power to decide fee for producing a 17
copy of a document 18
The fee decided by the chief executive under section 22(6), 19
26(4), 31(6), 36(4), 40(2) or 143(2) for producing a copy of a 20
document must be not more than the chief executive's 21
reasonable cost of producing the copy. 22
23
Note--
24
The fee mentioned in these provisions is the fee payable for obtaining
25
from the chief executive a copy of a draft zoning or management plan or
26
amendment of the plan, a current management plan or a code of
27
practice.
146 Delegation of Minister's powers 28
(1) The Minister may delegate the Minister's powers under this 29
Act, other than section 42,26 to an appropriately qualified 30
public service officer. 31
26 Section 42 (Moratorium on grant of new permissions)
s 147 98 s 149
Marine Parks Bill 2004
(2) In this section-- 1
appropriately qualified, for a person to whom a power may be 2
delegated, includes having the qualifications, experience or 3
standing appropriate to exercise the power. 4
5
Example of standing--
6
a person's classification level in the public service
147 Protecting prescribed persons from liability 7
(1) A prescribed person is not civilly liable for an act done, or 8
omission made, honestly and without negligence under this 9
Act. 10
(2) If subsection (1) prevents a civil liability attaching to a person, 11
the liability attaches instead to the State. 12
(3) In this section-- 13
prescribed person means-- 14
(a) the Minister; or 15
(b) the chief executive; or 16
(c) an officer or employee of the department; or 17
(d) an inspector; or 18
(e) a person acting under the direction or authority of an 19
inspector. 20
148 Annual report 21
(1) The chief executive must, within 4 months after the end of 22
each financial year, give to the Minister a report on the 23
administration of this Act during the year. 24
(2) The Minister must lay a copy of the report before the 25
Legislative Assembly within 14 sitting days after receiving it. 26
149 Approved forms 27
The chief executive may approve forms for this Act. 28
s 150 99 s 151
Marine Parks Bill 2004
150 Regulation-making power 1
(1) The Governor in Council may make regulations under this 2
Act. 3
(2) Without limiting subsection (1), a regulation may be made 4
about any of the following-- 5
(a) the classification and naming of areas within a marine 6
park; 7
(b) the entry to, or use of, a marine park; 8
(c) implementing, and enforcing compliance with, 9
management plans or codes of practice; 10
(d) the authorities required under this Act; 11
(e) the review of, and appeals against-- 12
(i) decisions made about the issue of, conditions 13
imposed on, and amendment, suspension and 14
cancellation of permissions; or 15
(ii) other decisions made under a regulation or zoning 16
plan; 17
(f) the records, returns and other documents required to be 18
kept by the holder of an authority; 19
(g) the fees, other than a fee mentioned in section 145, 20
payable under this Act. 21
(3) A regulation may prescribe a penalty of not more than 22
165 penalty units for contravention of a regulation. 23
151 Relationship between regulation and zoning plan 24
(1) If a regulation is inconsistent with a zoning plan, the zoning 25
plan prevails to the extent of the inconsistency. 26
(2) However, a regulation is not inconsistent with a zoning plan 27
merely because the regulation-- 28
(a) further regulates or prohibits an activity authorised 29
under the plan; or 30
(b) otherwise increases the level of protection for the 31
marine environment provided by the plan. 32
s 152 100 s 155
Marine Parks Bill 2004
(3) This section does not apply to a regulation made under part 2 1
declaring, or revoking the declaration of, a marine park. 2
Part 11 Transitional provisions 3
152 References to Marine Parks Act 1982 4
A reference in an Act or other document to the repealed Act is, 5
if the context permits, taken to be a reference to this Act. 6
153 Pending legal proceedings 7
A legal proceeding by or against the State under the repealed 8
Act that is not finished before the commencement of this 9
section may be continued and finished as if this Act had not 10
been enacted. 11
154 Existing marine parks 12
(1) A marine park set apart and declared under the repealed Act 13
and in existence immediately before the commencement of 14
this section continues in existence. 15
(2) The park is taken to be declared, and may be revoked, under 16
this Act. 17
155 Existing zoning plans 18
(1) A zoning plan for a marine park in force under the repealed 19
Act immediately before the commencement of this section 20
continues in force, subject to the Statutory Instruments 21
Act 1992, part 7. 22
(2) The plan is taken to be prescribed under section 21.27 23
(3) The plan-- 24
27 Section 21 (Zoning plan)
s 156 101 s 158
Marine Parks Bill 2004
(a) is to be read with the changes necessary to make it 1
consistent with, and adapt its operation to, this Act; and 2
(b) may be amended or repealed under this Act. 3
156 Existing management plans 4
(1) A management plan for a marine park in force under the 5
repealed Act immediately before the commencement of this 6
section continues in force. 7
(2) The plan is taken to be approved under section 29.28 8
(3) The plan-- 9
(a) is to be read with the changes necessary to make it 10
consistent with, and adapt its operation to, this Act; and 11
(b) may be amended or repealed under this Act. 12
157 Existing notices about designated areas 13
(1) This section applies to a public notice-- 14
(a) given under the repealed Marine Parks Regulation 1990, 15
section 7;29 and 16
(b) in force immediately before the commencement of this 17
section; and 18
(c) that gives effect to a zoning plan in respect of a 19
designated area made under the repealed Act. 20
(2) The notice continues in force for this Act and may be 21
amended or repealed by a regulation or zoning plan under this 22
Act. 23
158 Existing limitation on application of regulation and 24
zoning plan made under repealed Act 25
The effect of section 3130 of the repealed Act continues as if 26
this Act had not been enacted. 27
28 Section 29 (Approval of management plan)
29 Marine Parks Regulation 1990, section 7 (Designated areas)
30 Repealed Act, section 31 (Limitation on application of regulation and zoning plan)
s 159 102 s 161
Marine Parks Bill 2004
159 Existing temporary restricted areas 1
(1) Subsection (2) applies to the declaration of a temporary 2
restricted area in force under the repealed Act immediately 3
before the commencement of this section. 4
(2) The declaration-- 5
(a) continues in force, subject to section 96;31 and 6
(b) is taken to have been made under part 6, division 2; 32
7
and 8
(c) is to be read with the changes necessary to make it 9
consistent with, and adapt its operation to, this Act. 10
160 Existing permissions 11
(1) A permission in force under the repealed Act immediately 12
before the commencement of this section-- 13
(a) continues in force, subject to this Act; and 14
(b) is taken to be a permission issued under this Act, other 15
than under section 15.33 16
(2) However, subsection (1) does not apply to a permission 17
authorising the reclamation of tidal land in a marine park if-- 18
(a) the permission expired before the commencement and 19
was continued in force under the Marine Parks 20
Regulation 1990, section 13;34 and 21
(b) the reclamation works were not started before the 22
commencement. 23
161 Existing applications for permissions 24
(1) An application for a permission under the repealed Act that is 25
not decided before the commencement of this section is taken 26
to have been made under this Act. 27
31 Section 96 (Expiry of declaration)
32 Part 6 (Other provisions for protecting the environment and users of marine parks),
division 2 (Temporary restricted area declaration)
33 Section 15 (Permission for carrying out proposed reclamation)
34 Marine Parks Regulation 1990, section 13 (Continuation of permission)
s 162 103 s 164
Marine Parks Bill 2004
(2) However, subsection (1) does not apply to an application for a 1
permission mentioned in section 15. 2
162 Existing orders etc. 3
An order, direction, requirement, notice or decision of the 4
chief executive or an inspector under the repealed Act is, if its 5
effect is not exhausted at the commencement of this section, 6
taken to have been given or made by the person under this 7
Act. 8
163 Existing inspectors 9
A person who held an appointment as an inspector under the 10
repealed Act immediately before the commencement of this 11
section is taken to be appointed as an inspector under this Act. 12
Part 12 Validation and declaration 13
provisions 14
164 Validation of existing zoning plans and permissions 15
authorising reclamation of tidal land in a marine park 16
(1) A zoning plan made or purportedly made under the Marine 17
Parks Act 1982 and providing for the reclamation of tidal land 18
in a marine park under a permission issued under that Act 19
(the zoning plan) is taken to be, and to always have been, 20
validly made. 21
(2) A permission issued or purportedly issued under the zoning 22
plan before the commencement of this section and authorising 23
the reclamation of tidal land in the park is taken to be, and to 24
always have been, validly given. 25
(3) A reference in subsection (1) or (2) to a zoning plan or 26
permission is a reference to a zoning plan made, or a 27
permission issued, by the chief executive within the meaning 28
of the Marine Parks Act 1982. 29
s 165 104 s 166
Marine Parks Bill 2004
165 Declaration about authorised reclamation of tidal land 1
in a marine park 2
(1) To remove any doubt, it is declared that non-tidal land and 3
waters resulting from the authorised reclamation of tidal land 4
in a marine park completed before the commencement of this 5
section are not, and never were, part of the park. 6
(2) However, for the purpose of enforcing a condition of a 7
permission for the reclamation, the non-tidal land and waters 8
mentioned in subsection (1) are taken to be, and to always 9
have been, part of the park. 10
(3) It is also declared that non-tidal land and waters resulting 11
from the authorised reclamation of tidal land in a marine park 12
completed after the commencement of this section are part of 13
the park. 14
(4) The declaration of non-tidal land and waters as part of a 15
marine park under subsection (3) may be revoked-- 16
(a) before the commencement of section 169--under the 17
Marine Parks Act 1982, section 22 as if the non-tidal 18
land and waters were tidal land and waters set apart and 19
declared to be the park under that Act, section 16; or 20
(b) on or after the commencement of section 169--under 21
part 2, division 2. 22
(5) In this section-- 23
authorised reclamation, of tidal land, means reclamation of 24
the land in compliance with a permission issued under the 25
Marine Parks Act 1982. 26
166 Effect of validation and declaration on proceedings 27
(1) Sections 164 and 165 do not affect-- 28
(a) a proceeding relating to the park that was heard, in 29
whole or part, in a court or tribunal before the 30
commencement of this section; and 31
(b) the completion, after the commencement, of any step in 32
the proceeding taken before the commencement; or 33
(c) the taking and completion, after the commencement, of 34
any step in the proceeding. 35
s 167 105 s 169
Marine Parks Bill 2004
(2) In this section-- 1
judgment includes any rule, decree or order. 2
step includes-- 3
(a) the entry or other perfecting of a judgment; and 4
(b) anything done or to be done in consequence of an appeal 5
to a court or tribunal; 6
whether before or after the final judgment. 7
Part 13 Amendment of Marine Parks 8
Act 1982 9
167 Act amended in pt 13 10
This part amends the Marine Parks Act 1982. 11
168 Insertion of new s 10A 12
After section 10-- 13
insert-- 14
`10A Territorial application of Act 15
`(1) This Act applies both within and outside Queensland. 16
`(2) This Act applies outside Queensland to the full extent of the 17
extraterritorial legislative power of the Parliament.'. 18
Part 14 Repeal 19
169 Repeal 20
The Marine Parks Act 1982 is repealed. 21
s 170 106 s 174
Marine Parks Bill 2004
Part 15 Consequential amendments of 1
other Acts 2
Division 1 Amendment of Coastal Protection 3
and Management Act 1995 4
170 Act amended in div 1 5
This division amends the Coastal Protection and 6
Management Act 1995. 7
171 Amendment of s 75 (Criteria for deciding applications) 8
Section 75(1)(d)(ii), `Marine Parks Act 1982'-- 9
omit, insert-- 10
`Marine Parks Act 2004'. 11
172 Amendment of s 93 (Approving or refusing to approve 12
plans) 13
Section 93(1)(c)(ii), `Marine Parks Act 1982'-- 14
omit, insert-- 15
`Marine Parks Act 2004'. 16
Division 2 Amendment of Fisheries Act 1994 17
173 Act amended in div 2 18
This division amends the Fisheries Act 1994. 19
174 Amendment of schedule 20
Schedule, definition fisheries legislation, paragraph (c), 21
`Marine Parks Act 1982'-- 22
omit, insert-- 23
`Marine Parks Act 2004'. 24
107
Marine Parks Bill 2004
Schedule Dictionary 1
section 3 2
aircraft does not include a hovercraft. 3
approved form, means a form approved under section 149. 4
authorised person means any of the following persons-- 5
(a) the Minister; 6
(b) the chief executive; 7
(c) an inspector; 8
(d) a public service officer or other employee of the 9
department acting under the chief executive's authority. 10
authority means-- 11
(a) a permission, licence or other authority issued under this 12
Act; or 13
(b) a corresponding authority. 14
biodiversity means the natural diversity of living organisms, 15
together with the environmental conditions and processes 16
necessary for their survival, and includes each of the 17
following-- 18
(a) regional diversity, that is, the diversity of biotic and 19
environmental components of a region, and the 20
functional relationships that affect environmental 21
conditions within ecosystems; 22
(b) ecosystem diversity, that is, the diversity of the different 23
types of communities formed by living organisms and 24
the relations between them; 25
(c) species diversity, that is, the diversity of species; 26
(d) genetic diversity, that is, the diversity of genes within 27
each species. 28
boat includes a ship, submersible boat, raft or pontoon but 29
does not include a hovercraft or personal water craft. 30
108
Marine Parks Bill 2004
Schedule (continued)
certificate of satisfactory completion, for a reclamation, 1
means a certificate mentioned in section 18. 2
code of practice means a code of practice approved or made 3
under section 141. 4
Commonwealth Act means the Great Barrier Reef Marine 5
Park Act 1975 (Cwlth). 6
compliance notice see section 93(2). 7
conservation, of the marine environment, means the 8
protection and maintenance of the environment while 9
allowing for its ecologically sustainable use. 10
corresponding authority means a permit, licence or other 11
authority-- 12
(a) issued under another law of the State or a law of the 13
Commonwealth or another State; and 14
(b) directly or indirectly authorising the entry to or use of a 15
marine park; and 16
(c) either-- 17
(i) required under a regulation or zoning plan for a 18
particular purpose; or 19
20
Example--
21
A zoning plan may allow a person to enter or use a
22
zone without a permission for carrying out a
23
competition for motorised boats if the entry or use is
24
carried out under an authority granted under the
25
Transport Operations (Marine Safety) Act 1994.
(ii) accredited by the chief executive under a 26
regulation as a corresponding authority for this 27
Act. 28
court, for part 7, see section 110. 29
cultural resources means places or objects having 30
anthropological, archaeological, historical, scientific, 31
sociological, spiritual or visual significance or value, 32
including significance or value of that kind under Aboriginal 33
tradition or Island custom. 34
109
Marine Parks Bill 2004
Schedule (continued)
declared area, for a marine park, means-- 1
(a) for a park declared under section 8(1)(a)--the area, 2
other than a revoked area, declared under the section to 3
be the park; or 4
(b) for a park declared under section 8(1)(b) by 5
amalgamating existing parks--the combined area, other 6
than a revoked area, of the areas declared under this Act 7
or the repealed Act to be the parks; or 8
(c) for a park taken, under section 154,35 to be declared 9
under this Act, the area, other than a revoked area-- 10
(i) declared under the repealed Act to be the park; or 11
(ii) otherwise established under the repealed Act as the 12
park. 13
designated area means-- 14
(a) an area established, by a regulation or zoning plan, for 15
special management; or 16
(b) a designated area established under a zoning plan 17
mentioned in section 155. 18
ecologically sustainable use, for a marine environment, 19
means using, conserving and enhancing the environment's 20
natural and cultural resources so that ecological processes on 21
which life depends are maintained, and the total quality of 22
life, both now and in the future, can be improved, having 23
regard to-- 24
(a) the guiding principles of the National Strategy for 25
Ecologically Sustainable Development; and 26
(b) the need to-- 27
(i) protect biological diversity, ecological processes 28
and life-support systems; and 29
(ii) enhance individual and community wellbeing 30
through economic development that safeguards the 31
wellbeing of future generations; and 32
35 Section 154 (Existing marine parks)
110
Marine Parks Bill 2004
Schedule (continued)
(iii) provide equity within and between generations. 1
environment includes each of the following-- 2
(a) ecosystems and their constituent parts; 3
(b) all natural resources; 4
(c) the qualities and characteristics of locations, places and 5
areas, however large or small, that contribute to their-- 6
(i) biodiversity and ecological integrity; or 7
(ii) intrinsic or attributed aesthetic, cultural, 8
ecological, economic, recreational, social, 9
scientific value or interest or amenity. 10
environment conservation legislation means another Act, or a 11
law of the Commonwealth or another State, involving 12
conservation of the marine environment. 13
14
Examples--
15
· Coastal Protection and Management Act 1995
16
· Environment Protection and Biodiversity Conservation Act
17
1999 (Cwlth)
18
· Fisheries Act 1994
19
· Great Barrier Reef Marine Park Act 1975 (Cwlth)
20
· Integrated Planning Act 1997
21
· Nature Conservation Act 1992
22
· Torres Strait Fisheries Act 1984 (Cwlth)
23
· Transport Operations (Marine Pollution) Act 1995
executive officer, of a corporation, means a person who is 24
concerned with, or takes part in, the corporation's 25
management, whether the person is a director or the person's 26
position is given the name of executive officer. 27
fee includes tax. 28
highly protected area means-- 29
(a) a zone classified as a conservation park zone, marine 30
national park zone or preservation zone; or 31
(b) another area prescribed under a regulation or zoning 32
plan as a highly protected area. 33
111
Marine Parks Bill 2004
Schedule (continued)
impacts, for sections 99, 107, 108 and 114, means impacts on 1
a marine park's environment or use and non-use values. 2
inspector-- 3
(a) means a person appointed as an inspector under 4
section 52; or 5
(b) for part 5, division 3--see section 85; or 6
(c) for part 6--see section 94. 7
management plan, for a marine park, means a management 8
plan approved, or taken to be approved, under section 29 and 9
in force for the park. 10
marine park means a marine park declared, or taken to be 11
declared, under this Act. 12
name, for a marine park, zone or designated area, includes a 13
number or other identifying designation. 14
National Strategy for Ecologically Sustainable Development 15
means the National Strategy for Ecologically Sustainable 16
Development endorsed by the Council of Australian 17
Governments on 7 December 1992. 18
natural resources means the natural and physical features and 19
processes of the environment, including living organisms, 20
soil, water, minerals and air. 21
original decision see section 117(1). 22
permission means a permission issued under this Act. 23
person, for part 7, see section 110. 24
personal water craft means a power driven device that-- 25
(a) has a fully enclosed hull that is designed to not take on 26
water if capsized; and 27
(b) is designed to be operated by a person standing, 28
crouching or kneeling on it or sitting astride it. 29
person in control, of a vessel, vehicle or aircraft, includes the 30
person in command, or who apparently is in command or 31
control of, the vessel, vehicle or aircraft. 32
112
Marine Parks Bill 2004
Schedule (continued)
person responsible, for part 6, see section 94. 1
place includes a vessel, vehicle or aircraft. 2
precautionary principle means if there are threats of serious 3
or irreversible environmental damage, lack of full scientific 4
certainty should not be used as a reason for postponing 5
measures to prevent environmental degradation. 6
property, for part 6, see section 94. 7
public notice means a notice published in a newspaper 8
circulating throughout the State. 9
reasonable diligence, in relation to the defence provided 10
under sections 135, 136 and 137, includes the taking of 11
reasonable precautions, including, for example, the issuing of 12
appropriate instructions. 13
reasonably believes means believes on grounds that are 14
reasonable in the circumstances. 15
reasonably considers means considers on grounds that are 16
reasonable in the circumstances. 17
reasonably suspect means suspect on grounds that are 18
reasonable in the circumstances. 19
reclaimed part, of a marine park, means the part of the park 20
comprising land or waters resulting from reclamation of tidal 21
land. 22
reclamation, of tidal land, means raising the land above 23
high-water mark, whether gradually and imperceptibly or 24
otherwise, by carrying out works, including dredging and the 25
depositing of solid material. 26
removal notice see sections 101(1) and 104(1). 27
repealed Act means the repealed Marine Parks Act 1982, as in 28
force immediately before its repeal. 29
review decision see section 119(1)(b). 30
revoked area, for a marine park, means an area for which its 31
declaration as a marine park has been revoked under this Act 32
or the repealed Act. 33
113
Marine Parks Bill 2004
Schedule (continued)
section 15 permission means a permission issued under 1
section 15. 2
take, a natural or cultural resource, means-- 3
(a) remove, gather, catch, capture, kill, destroy, dredge for, 4
raise, carry away, bring ashore, land from a vessel or 5
otherwise remove the resource from a natural 6
environment; or 7
(b) attempt to do an act mentioned in paragraph (a). 8
temporary restricted area declaration means a declaration 9
made and in force under part 6, division 2. 10
tidal land means land that is submerged at any time by tidal 11
waters. 12
tidal waters means waters that are subject to tidal influence. 13
use and non-use values, of a marine park, include value 14
derived from each of the following-- 15
(a) taking, using, visiting or viewing the park's natural or 16
cultural resources; 17
(b) the ecological functions and processes of the park's 18
environment; 19
(c) the park's potential future use or benefit, including, for 20
example, its use for biodiscovery; 21
(d) the mere existence of the park's natural and cultural 22
resources; 23
(e) the use or non-use of the park's natural and cultural 24
resources by future generations. 25
vessel means a barge, boat, ferry, hovercraft, personal water 26
craft, water taxi or other thing capable of carrying people or 27
goods through water, but does not include an aircraft. 28
wilfully means-- 29
(a) intentionally; or 30
(b) recklessly; or 31
(c) with gross negligence. 32
114
Marine Parks Bill 2004
Schedule (continued)
zone means a zone established for a marine park by a zoning 1
plan. 2
zoning plan, for a marine park, means a zoning plan 3
prescribed, or taken to be prescribed, under section 21 and in 4
force for a marine park. 5
6
© State of Queensland 2004
AMENDMENTS TO BILL
1
Marine Parks Bill 2004
Marine Parks Bill 2004
Amendments agreed to during Consideration
1 Clause 22--
At page 22, line 25, `(2)(b)'--
omit, insert--
`(2)(c)'.
2 Clause 31--
At page 28, line 13, `(2)(b)'--
omit, insert--
`(2)(c)'.
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