Queensland Consolidated Regulations

MARINE PARKS REGULATION 2006

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions

           Part 2--Provisions about areas within marine park

   4.      Zones within marine park generally
   5.      Estuarine conservation zone in GBR Coast Marine Park
   6.      Objects for zones
   7.      Areas that are highly protected areas

           Part 3--Permissions to enter or use marine park

           Division 1--Application for permission

   8.      Requirements for application

           Division 2--Considering and deciding application for permission

   9.      Fee must be paid
   10.     Matters chief executive must consider
   11.     Other matters chief executive may consider
   12.     Chief executive's power to require further information or document
   13.     Amending application
   14.     Requirement about environmental impact statement requested by chief executive
   15.     Chief executive may request public notice of application
   16.     Deciding application
   17.     Only suitable person can hold permission
   18.     Restriction on grant of permission for commercial whale watching program
   19.     Restriction on grant of permissions authorising feeding of dolphins
   20.     Permission can not be granted if plan restricts the grant
   21.     Restriction on grant about insurance
   22.     Steps to be taken after application decided

           Division 3--Form of permission

   23.     Permission to be written
   24.     Matters to be stated on permission

           Division 4--Amendment, suspension or cancellation of permission

   25.     Minor amendments
   26.     Amendments by application
   27.     Other amendments other than immediately
   28.     Procedure for amendments other than immediately
   29.     Immediate amendment or suspension of permission for safety or conservation
   30.     Immediate amendment or suspension for failure to pay fee
   31.     Suspending permission other than immediately or cancelling permission
   32.     Procedures for suspending a permission other than immediately or cancelling a permission
   33.     When holder of amended permission must return permission
   34.     When holder of suspended permission must return permission
   35.     When holder of cancelled permission must return permission

           Division 5--Carrying out activities under permission
           Subdivision 1--Effect of grant of permission

   36.     Activities authorised under permission generally
   37.     Term of permission
   38.     How authorisation may be given to other persons
   39.     Effect of authorisation given under permission
           Subdivision 2--Conditions and other requirements applying to permissions
   40.     Permission or authorisation must be available for inspection

           Division 6--Transfer of permissions

   41.     Application to transfer permission
   42.     Considering transfer application
   43.     Chief executive's power to require further information
   44.     Approval or non-approval of transfer
   45.     Steps after approval of transfer
   46.     Authorisations under transferred permission

           Division 7--Other provisions about permissions

   47.     Requirement to notify chief executive of particular changes and ask for amendment
   48.     Replacing permission
   49.     Surrender of permission
   50.     Existing permission taken to be in force while new application is considered

           Part 4--Commercial activity agreements

           Division 1--Preliminary

   51.     Chief executive may enter into agreement
   52.     Restrictions on entering into agreement—conservation of marine park
   53.     Restrictions on entering into agreement—suitability of other party
   54.     Restrictions on entering into agreement—insurance
   55.     Content of agreement
   56.     Mandatory conditions of agreement

           Division 2--Expression of interest process

   57.     Application of div 2
   58.     Invitation for expressions of interest
   59.     Requirements for expression of interest
   60.     Requirements for process
   61.     Chief executive may request further information
   62.     Amending expression of interest
   63.     Notice to unsuccessful submitters

           Division 3--Application process

   64.     Application of div 3
   65.     Applying for agreement
   66.     Matters to be considered for application
   67.     Chief executive may request further information
   68.     Amending the application
   69.     Chief executive may request public notice of application
   70.     Negotiating application for agreement
   71.     Steps to be taken after application decided

           Division 4--Requirements applying to and nature of agreements

   72.     Term and review of agreements
   73.     Nature of agreement

           Division 5--Amendment, suspension and cancellation of agreement by chief executive

   74.     Immediate amendment or suspension for safety or conservation
   75.     Amending agreement other than immediately
   76.     Process for amending agreement other than immediately
   77.     Cancelling agreement or suspending authorisation under agreement other than immediately
   78.     Process for cancelling agreement or suspending authorisation under agreement other than immediately

           Division 6--Transfer of authorisation under agreement

   79.     Application to transfer authorisation
   80.     Approval or non-approval of transfer
   81.     Giving effect to transfer

           Division 7--Requirement to have agreement or copy available for inspection

   82.     Agreement or copy must be available for inspection

           Part 5--Provisions about accreditations

           Division 1--Accreditation of external authority as corresponding authority

   83.     Accreditation of external authority
   84.     Limitations on accreditation of external authority

           Division 2--Accreditation of external instrument as accredited instrument

   85.     Accreditation of external instrument
   86.     Limitation on accreditation of external instrument
   87.     Notice of accreditation and accredited instrument must be available
   88.     Amendment of accreditation of external instrument
   89.     Cancellation of accreditation of external instrument
   90.     Review of accreditation of external instrument

           Division 3--Accreditation of educational or research institution

   91.     Accreditation of educational or research institution
   92.     Cancellation of accreditation of educational or research institution

           Division 4--Accreditation of harvest fishery

   93.     Accreditation of harvest fishery
   94.     Cancellation of accreditation of harvest fishery

           Part 6--Regulatory notices and declarations

           Division 1--Regulatory notices

   95.     Requirements for regulatory notices
   96.     Regulatory information notice
   97.     Erection or display of regulatory notice or regulatory information notice is evidence of particular matters

           Division 2--Declaration of restricted access area

   98.     Declaration of restricted access area
   99.     Reasons for declaring restricted access area
   100.    Public notice about declarations
   101.    Period for which declaration is in force

           Division 3--Declaration of prescribed commercial activity

   102.    Declaration of prescribed commercial activity

           Division 4--Declaration of special activity

   103.    Declaration of special activity
   104.    Activities that may be special activities
   105.    Public notice about declarations
   106.    Period for which declaration is in force

           Part 7--Entering or using marine parks

           Division 1--Prohibited purposes for zoned marine park and when authority required for zoned marine park

   107.    Application of div 1
   108.    Prohibited purposes
   109.    Entry or use for a prohibited purpose
   110.    Purposes for which authority required
   111.    Entry or use without an authority
   112.    Entry or use requiring notice

           Division 2--When authority required for unzoned marine park
           Subdivision 1--Application

   113.    Application of div 2
           Subdivision 2--Purpose for which authority required
   114.    Purpose for which authority required
   115.    Entry or use without an authority
   116.    Entry or use requiring notice
           Subdivision 3--Entry or use without authority or notification
   117.    Purpose and nature of sdiv 3
   118.    Entry or use in emergency without authority
   119.    Entry or use for undertaking functions under Commonwealth Act without authority
   120.    Entry or use for law enforcement without authority
           Subdivision 4--Entry or use without authority but with notification
   121.    Purpose and nature of sdiv 4
   122.    Entry or use to remove or salvage aircraft or vessel
   123.    Entry or use to remove property under particular instruments
   124.    Entry or use for defence activity
   125.    Entry or use for essential public services
   126.    Entry or use in particular emergencies

           Division 3--Access to parts of marine park and conducting particular activities in marine park generally

   127.    Unlawfully entering restricted access area
   128.    Removing property from restricted access area
   129.    Unlawfully conducting prescribed commercial activity
   130.    Compliance with conservation conditions
   131.    Unlawfully conducting special activity
   132.    Compliance with special activity notice
   133.    Compliance with regulatory notice about health and safety act

           Division 4--Fires in marine parks

   134.    Unlawful lighting of fires
   135.    Unattended fires
   136.    Unauthorised things relating to fires
   137.    Inspector powers in relation to fires

           Division 5--Using vehicles or vessels in marine parks

   138.    Unlawfully bringing vehicle or vessel into marine park
   139.    Unlawfully using vehicle or vessel in marine park

           Division 6--Animals in marine parks

   140.    Restriction on bringing domestic animals into marine park
   141.    Unlawfully feeding native animals

           Division 7--Other conduct in marine park

   142.    Depositing litter in marine park
   143.    Unauthorised use of generators, compressors or motors
   144.    Disturbance by radio, tape recorder or sound system
   145.    Using particular items for spearfishing
   146.    General misconduct

           Part 8--Review and appeal provisions

           Division 1--Preliminary

   147.    Appeal process starts with internal review

           Division 2--Internal review

   148.    Applying for an internal review
   149.    Review decision
   150.    Stay of operation of appealable decision

           Division 3--Appeals

   151.    Who may appeal
   152.    How to start appeal
   153.    Appellant to give notice of appeal
   154.    Stay of operation of decision
   155.    Hearing procedures
   156.    Powers of Magistrates Court on appeal
   157.    Appeals from Magistrates Court's decision

           Part 9--Fees

           Division 1--GBR Coast Marine Park

   158.    Application of div 1
   159.    Fees payable generally
   160.    Fees payable for permission for more than 1 activity
   161.    No fee for joint permission if fee paid to Commonwealth

           Division 2--Other marine parks

   162.    Application of div 2
   163.    Fees payable

           Division 3--Waiver of fee

   164.    Chief executive may waive fee in whole or part

           Part 10--Transitional provisions

   165.    Definition for pt 10
   166.    References to 1990 regulation
   167.    Particular conduct continues to be authorised
           SCHEDULE 1 -- OBJECTS TO BE ACHIEVED FOR ZONES OF MARINE PARKS
           1. General use zone
           2. Habitat protection zone
           3. Estuarine conservation zone
           4. Conservation park zone
           5. Buffer zone
           6. Scientific research zone
           7. Marine national park zone
           8. Preservation zone
           SCHEDULE 2 -- INFORMATION THAT MUST BE INCLUDED IN APPLICATION FOR A PERMISSION
           1. Information required for all permissions
           2. Additional information for permissions for taking natural or cultural resources
           SCHEDULE 3 -- FEES PAYABLE UNDER ACT FOR GBR COAST MARINE PARK
           SCHEDULE 4 -- FEES PAYABLE UNDER ACT FOR OTHER MARINE PARKS
           SCHEDULE 5 -- MATTERS FOR DECIDING WHETHER PERSON IS A SUITABLE PERSON
           1. Definitions for sch 5
           2. Matters to which chief executive may have regard
           3. When person not a suitable person—previous cancellations or suspensions
           4. When person not a suitable person—convictions
           SCHEDULE 6 -- DICTIONARY
           Endnotes