MARINE PARKS ACT 2004 - As at 1 March 2023 - Act 31 of 2004
- As at 1 March 2023 - Act 31 of 2004Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions 4. (Repealed)
- 5 Purpose of Act
- 6 Act binds all persons
- 7 Territorial application of Act
PART 2 - MARINE PARKS
Division 1 - Establishment
- 8 Declaration
Division 2 - Revocation
- 9 Revocation of park
- 10 Publication of revocation notice
- 11 Revocation of park included in or amalgamated with another park
- 12 Revocation of park comprising a protected area under the Nature Conservation Act 1992
Division 3 - Reclamation of tidal land, and revocation
- 13 Simplified outline of div 3
- 14 Notice of proposed revocation of reclaimed part of park
- 15 Permission for carrying out proposed reclamation
- 16 EIS required
- 17 Public consultation about EIS and other information
- 18 Certificate of satisfactory completion
- 19 Revocation of reclaimed part of park
Division 4 - Other provisions about marine parks
- 20 What park comprises
PART 3 - ZONING AND MANAGEMENT PLANS
Division 1 - Zoning plans
Subdivision 1 - Prescription- 21 Zoning plan
- 22 Preparation and notice of draft plan
- 23 Preparation of final plan
- 24 Content of zoning plan Subdivision 2 - Amendment
- 25 Amendment of zoning plan
- 26 Preparation and notice of draft amendment
- 27 Preparation of final amendment Subdivision 3 - Other provisions
- 28 Tabling of statement with zoning plan or amendment
Division 2 - Management plans
Subdivision 1 - Approval- 29 Approval of management plan
- 30 Preparation of draft plan
- 31 Notice of draft plan
- 32 Preparation of final plan
- 32A Plan may be combined with another plan
- 33 When management plan has effect Subdivision 2 - Amendment and review
- 34 Approval of amendment of management plan
- 35 Preparation and notice of draft amendment
- 36 Notice of draft amendment
- 37 Preparation of final amendment
- 38 When amendment has effect
- 39 Review of management plan Subdivision 3 - Other provisions
- 40 Public access to current management plan
- 41 Chief executive may enter into cooperative arrangement for management plan
- 42 Moratorium on grant of new permissions
PART 4 - OFFENCES
Division 1 - Entry to or use of marine park
- 43 Entry or use for a prohibited purpose
- 44 Entry or use without an authority
- 45 Entry or use requiring notice
Division 2 - Other offence provisions
- 46 False or misleading information given by applicant
- 47 False or misleading documents given by applicant
- 48 Noncompliance with temporary restricted area declaration
- 49 Noncompliance with conditions of an authority
- 50 Unlawful serious environmental harm
- 51 Unlawful use of particular words
PART 5 - MONITORING AND ENFORCEMENT
Division 1 - Inspectors
- 52 Appointment and qualifications
- 52A Functions of inspectors
- 53 Appointment conditions and limit on powers
- 54 Issue of identity card
- 55 Production or display of identity card
- 56 When inspector ceases to hold office
- 57 Resignation
- 58 Return of identity card
Division 2 - Powers of inspectors
Subdivision 1 - Entry to places- 59 Power to enter places Subdivision 2 - Procedure for entry
- 60 Entry with consent
- 61 Application for warrant
- 62 Issue of warrant
- 63 Application by electronic communication and duplicate warrant
- 64 Defect in relation to a warrant
- 65 Warrants—procedure before entry Subdivision 3 - Powers after entry
- 66 General powers after entering places
- 67 Power to require reasonable help or information Subdivision 4 - Other powers
- 68 Power to require name and address
- 69 Power to require information about contravention
- 70 Power to stop persons
- 71 Power to give direction to leave area
- 72 Power to stop and search vessels, vehicles and aircraft
- 73 Power to require driver or person in control to give reasonable help etc. Subdivision 5 - Power to seize evidence
- 74 Seizing evidence at place entered under s 59
- 75 Seizing evidence on or in vessel, vehicle or aircraft entered or boarded under s 72
- 76 Powers in support of seizure
- 77 Securing seized things
- 78 Tampering with seized things
- 79 Receipt for seized things
- 80 Inspector may dispose of natural resources taken unlawfully
- 81 Forfeiture of seized things
- 82 Dealing with forfeited things
- 83 Return of seized things
- 84 Access to seized things
Division 3 - General enforcement matters
- 85 Definition for div 3
- 86 Inspector’s obligation not to cause unnecessary damage
- 87 Notice of damage
- 88 Compensation
- 89 False or misleading information given to inspector
- 90 False or misleading documents given to inspector
- 91 Obstructing inspector
- 92 Impersonating inspector
- 92A Impersonating ranger
Division 4 - Compliance notices
- 93 Compliance notice
PART 6 - OTHER PROVISIONS FOR PROTECTING THE ENVIRONMENT AND USERS OF MARINE PARKS
Division 1 - Preliminary
- 94 Definitions for pt 6
Division 2 - Temporary restricted area declaration
- 95 Temporary restricted area declaration
- 96 Expiry of declaration
- 97 Declaration is not subordinate legislation
- 98 Temporary restricted area declaration prevails over regulation, zoning plan or authority
Division 3 - Directions for protecting environment and users
- 99 Inspector’s power to give directions
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
- 101 Removal notice
- 102 Seizure, removal and disposal without giving removal notice Subdivision 2 - Removal of property in urgent circumstances
- 103 Inspector’s power to remove property
- 104 Removal notice Subdivision 3 - Dealing with property after removal
- 105 Action inspector may take if property not claimed
- 106 Dealing with proceeds of sale
- 107 Release of property
- 108 Recovery of costs of removal etc.
Division 5 - Restoration of environment etc.
- 109 Restoration of environment etc.
PART 7 - PROCEEDINGS FOR ENFORCEMENT ORDERS
Division 1 - Preliminary
- 110 Definitions for pt 7
Division 2 - Enforcement orders
- 111 Proceeding for enforcement orders
- 112 Making interim enforcement order
- 113 Making enforcement order
- 114 Effect of orders
- 115 Court’s powers about orders
Division 3 - General procedural provision
- 116 Proceeding brought in representative capacity
PART 8 - REVIEW OF DECISIONS
Division 1 - Preliminary
- 117 Review of particular decisions must be by way of internal review or ADR process
Division 2 - Internal review
- 118 Applying for an internal review
- 119 Internal review decision
- 120 Stay of operation of original decision
Division 3 - External reviews by QCAT
- 121 Who may apply for external review 122. (Repealed) 123. (Repealed) 124. (Repealed)
PART 9 - LEGAL PROCEEDINGS
Division 1 - Evidence
- 125 Application of div 1
- 126 Appointments and authority
- 127 Signatures
- 128 Certificate about evidence of location of aircraft or vessel
- 129 Evidentiary matters
Division 2 - Matters about offence proceedings and indictable and summary offences
- 130 Types of offences
- 131 Proceedings for indictable offence
- 132 Limitation on who may summarily hear indictable offence
- 133 Limitation on time for starting summary proceeding
- 134 Allegations of false or misleading information or documents
- 135 Responsibility for acts or omissions of representatives
- 136 Executive officers responsible for ensuring corporation complies with Act
- 137 Holder of authority responsible for ensuring Act complied with
- 138 Responsibility for offences committed with use of vessel, vehicle or aircraft
- 139 Court’s powers on conviction for an offence
Division 3 - Judicial review of administrative decisions
- 140 Extended standing for judicial review
PART 10 - MISCELLANEOUS
Division 1 - Codes of practice
Division 2 - Other miscellaneous provisions
- 144 Public authority’s obligation about threatening incidents for marine parks
- 145 Chief executive’s power to decide fee for producing a copy of a document
- 145A Chief executive’s general powers
- 145B Entry or use by authorised persons without permission or giving notice
- 146 Delegation of Minister’s powers
- 147 Protecting prescribed persons from liability
- 147A Immunity from prosecution
- 148 Annual report
- 149 Approved forms
- 150 Regulation-making power
- 151 Relationship between regulation and zoning plan
- 151A Offset conditions
- 151B Conditions under s 151A
PART 11 - TRANSITIONAL PROVISIONS
- 152 References to Marine Parks Act 1982
- 153 Pending legal proceedings
- 154 Existing marine parks
- 155 Existing zoning plans
- 155A Continuation of making and approval of zoning plan or amendment
- 156 Existing management plans
- 156A Continuation of preparation and approval of management plan
- 157 Existing notices about designated areas
- 158 Existing limitation on application of regulation and zoning plan made under repealed Act
- 159 Existing temporary restricted areas
- 160 Existing permissions
- 161 Existing applications for permissions
- 162 Existing orders etc.
- 163 Existing inspectors
PART 12 - VALIDATION AND DECLARATION PROVISIONS
- 164 Validation of existing zoning plans and permissions authorising reclamation of tidal land in a marine park
- 165 Declaration about authorised reclamation of tidal land in a marine park
- 166 Effect of validation and declaration on proceedings
PART 13 - TRANSITIONAL PROVISION FOR ENVIRONMENTAL OFFSETS ACT 2014
- 167 (Expired)
PART 14 - REPEAL
- 169 Repeal