1Short title
This Act may be cited as the Great Barrier Reef Marine Park Act 1975.
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This Act may be cited as the Great Barrier Reef Marine Park Act 1975.
This Act shall come into operation on the day on which it receives the Royal Assent.
The main object of this Act is to provide for the long term protection and conservation of the environment, biodiversity and heritage values of the Great Barrier Reef Region.
The other objects of this Act are to do the following, so far as is consistent with the main object:
allow ecologically sustainable use of the Great Barrier Reef Region for purposes including the following:
public enjoyment and appreciation;
public education about and understanding of the Region;
recreational, economic and cultural activities;
research in relation to the natural, social, economic and cultural systems and value of the Great Barrier Reef Region;
encourage engagement in the protection and management of the Great Barrier Reef Region by interested persons and groups, including Queensland and local governments, communities, Indigenous persons, business and industry;
assist in meeting Australia’s international responsibilities in relation to the environment and protection of world heritage (especially Australia’s responsibilities under the World Heritage Convention).
In order to achieve its objects, this Act:
provides for the establishment, control, care and development of the Great Barrier Reef Marine Park; and
establishes the Great Barrier Reef Marine Park Authority; and
provides for zoning plans and plans of management; and
regulates, including by a system of permissions, use of the Great Barrier Reef Marine Park in ways consistent with ecosystem‑based management and the principles of ecologically sustainable use; and
facilitates partnership with traditional owners in management of marine resources; and
facilitates a collaborative approach to management of the Great Barrier Reef World Heritage area with the Queensland government.
In this Act, unless the contrary intention appears:
aggravated contravention has the meaning given by section 38GB.
aggravated offence has the meaning given by section 38GA.
agreement includes a treaty or convention.
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
amendment, in relation to a plan of management, means an amendment of such a plan that is prepared under section 39ZG.
animal means any member, alive or dead, of the animal kingdom (other than man), and includes:
eggs or parts of eggs; and
the skin, feathers, shell or any other part of an animal.
ART means the Administrative Review Tribunal.
Australian jurisdiction has the meaning given by subsection 5(4).
Australian resident means:
a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or
a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or
any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
Authority means the Great Barrier Reef Marine Park Authority established by this Act.
CEO means the Chief Executive Officer of the Authority.
Chairperson means the Chairperson of the Authority.
charge means charge imposed by:
the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993; or
the Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993.
chargeable permission means a permission granted under the regulations, where the permission is of a kind declared by the regulations to be a chargeable permission for the purposes of this Act.
civil penalty provision has the meaning given by section 61AID.
class vessel monitoring direction has the meaning given by subsection 61AAA(7).
community group having a special interest has a meaning affected by section 39V.
compulsory pilotage area means any part of the Great Barrier Reef Region that is prescribed by the regulations.
conduct has the same meaning as in the Criminal Code.
corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.
declaration of contravention means a declaration made under section 61AIA.
discharge, in relation to waste, means release the waste, however the release is caused, and includes any escape, disposal, depositing, spilling, leaking, pumping, emitting or emptying of the waste.
dory means:
a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or
a vessel that is used in association with a primary commercial fishing vessel.
A dory might also be known as a tender commercial fishing vessel.
ecologically sustainable use has the meaning given by section 3AA.
ecosystem‑based management means an integrated approach to managing an ecosystem and matters affecting that ecosystem, with the main object being to maintain ecological processes, biodiversity and functioning biological communities.
emergency direction has the meaning given by subsection 61ACA(2).
enforceable direction has the meaning given by subsection 61ADA(2).
enforcement provision, in relation to a plan of management or an amendment of a plan of management, has the meaning given by subsection 39ZD(5) or by that subsection as it has effect because of subsection 39ZG(2), as the case may be.
engage in conduct has the same meaning as in the Criminal Code.
environmental management means:
environmental management;
natural resource management;
park management (including aquarium management and zoo management); or
any similar matter.
executive officer, of a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
farming facility means a facility for the farming of marine resources.
Federal Court means the Federal Court of Australia.
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fishing means any of the following:
taking fish;
attempting to take fish;
engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish.
geological storage operations means:
operations to inject and store a gas substance in part of a geological formation; or
operations preparing for or incidental to operations mentioned in paragraph (a).
Great Barrier Reef Region means:
the area described in Schedule 1; and
such area (if any) contiguous with the northern boundary of that area as is prescribed;
other than any part of such an area that is referred to in section 14 of the Seas and Submerged Lands Act 1973 or is an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth.
Great Barrier Reef World Heritage Area means the area described in Schedule 1.
hovercraft means a vehicle designed to be supported on a cushion of air.
Indigenous person means a person who is:
a member of the Aboriginal race of Australia; or
a descendant of an Indigenous inhabitant of the Torres Strait Islands.
individual vessel monitoring direction has the meaning given by subsection 61AAA(2).
inspector means:
a person appointed as an inspector under subsection 43(1); or
a person referred to in section 44.
landing area means an area for the landing of aircraft.
late payment penalty means an amount payable under subsection 39G(1), (1A) or (1B).
Marine Park means the Great Barrier Reef Marine Park established by this Act.
master means a person having command or charge of a vessel.
member means a member of the Authority.
member of the governing body of a relevant interest group has the meaning given by subsection 10(10).
minerals means minerals in any form, whether solid, liquid or gaseous and whether organic or inorganic.
mining operations:
means operations or activities connected with, or incidental to, the mining or recovery of minerals; and
includes prospecting for or exploring for minerals.
mitigate, in relation to damage, includes prevent further damage.
navigate without a pilot has the meaning given by subsections (5) and (6).
offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
official has the meaning given by the Public Governance, Performance and Accountability Act 2013.
oil has the same meaning as in Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
oil tanker means a vessel fitted with cargo spaces that are constructed and used to carry oil in bulk of a total capacity of at least 200 cubic metres.
overall length has the meaning given by subsection (7) or (8).
owner, in relation to a vessel, has the meaning given by subsection (9) or (10).
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
part‑time member means a member appointed under subsections 10(2) and (2A).
pecuniary penalty order means an order referred to in subsection 61AIC(2).
pilot means a person:
who does not belong to, but has the conduct of, a vessel; and
who is licensed or registered under a prescribed law of the Commonwealth, a State or a Territory.
pilot’s certificate means a certificate issued by a pilot under section 59E.
plan of management means a plan of management for the Marine Park that is prepared in accordance with Part VB.
plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.
port has the same meaning as in the Navigation Act 2012.
precautionary principle means the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
primary commercial fishing vessel means:
a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used to take fish for commercial purposes; or
a vessel that is used to take fish for commercial purposes.
principles of ecologically sustainable use has the meaning given by section 3AB.
prohibited: conduct in a zone is prohibited if the conduct is neither:
for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission; nor
for a purpose that, under the zoning plan for the zone, requires permission.
protected species means any of the following:
a cetacean;
a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species;
a species of marine mammal, bird or reptile that is prescribed as endangered wildlife, vulnerable wildlife or rare wildlife under the Nature Conservation Act 1992 of Queensland;
a species declared by the regulations to be a protected species for the purposes of this definition;
a species declared by the regulations to be a strictly protected species for the purposes of this definition.
public notice means a notice published:
in the Gazette; and
in a newspaper circulating generally in Queensland; and
on the website of the Authority; and
in such other manner (if any) as the Authority considers appropriate.
reef includes bommie fields, reef slopes, moats and ramparts.
regulated ship means any kind of vessel:
that is 70 metres or longer in overall length; or
that is a loaded:
oil tanker; or
chemical carrier; or
liquefied gas carrier;
other than:
a vessel belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia; or
a vessel in respect of which an exemption under section 59F is in force.
remediation order has the meaning given by subsection 61AHA(1).
reviewable decision has the meaning given by subsection 64(3).
take, in relation to an animal or plant, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, interfere with and obtain.
this Act includes the regulations.
traditional owner means an Indigenous person:
who is recognised in the Indigenous community or by a relevant representative Aboriginal or Torres Strait Islander body:
as having spiritual or cultural affiliations with a site or area in the Marine Park; or
as holding native title in relation to that site or area; and
who is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.
unzoned area means that part (if any) of the Marine Park in respect of which no zoning plan is in force.
vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, and includes a hovercraft.
vessel monitoring direction means an individual vessel monitoring direction or a class vessel monitoring direction.
vessel monitoring system means a system in which vessels are fitted with an electronic device that can provide information about the vessels’ course or position, or other such information.
waste means any of the following:
oil within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
noxious liquid substances within the meaning of Part III of that Act;
packaged harmful substances within the meaning of Part IIIA of that Act;
sewage within the meaning of Part IIIB of that Act;
garbage within the meaning of Part IIIC of that Act;
mixtures where the oil content is greater than 15 parts in 1,000,000 parts;
any other matter that is declared by the regulations to be waste for the purposes of this definition.
zone means a zone created by a zoning plan (whether designated in the plan as a zone, area or some other designation).
zoning plan means a zoning plan prepared in accordance with Division 2 of Part V.
In this Act, the following terms have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999:
approved conservation advice
Australian aircraft
Australian IUCN reserve management principles
Australian vessel
biodiversity
bioregional plan
cetacean
critical habitat
ecological community
ecosystem
environment
heritage value
IUCN category
key threatening process
listed marine species
listed migratory species
listed threatened ecological community
listed threatened species
recovery plan
species
threat abatement plan
wildlife conservation plan
World Heritage Convention
world heritage values
In this Act, a reference to the sea‑bed includes a reference to the surface of any coral formation, and a reference to the sub‑soil includes a reference to the coral beneath the surface of any such formation.
A reference in this Act (other than in this subsection) to an offence against a provision of this Act includes a reference to an offence against:
section 6 of the Crimes Act 1914; or
section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against a provision of this Act.
Subject to subsection (6), a vessel navigates without a pilot if it does not have a pilot on board navigating it.
If:
apart from this subsection, a vessel navigates without a pilot; and
the vessel is being towed by another vessel that is navigating with a pilot;
the vessel under tow is to be treated as if it were navigating with a pilot.
Subject to subsection (8), the overall length of a vessel is 110% of the length as shown on the vessel’s load‑line certification.
If the overall length of a vessel cannot be worked out under subsection (7), the length is taken to be the distance between:
a vertical line passing through a point that is the foremost part of the stem; and
a vertical line passing through a point that is the aftermost part of the stern.
Subject to subsection (10), owner, in relation to a vessel, means the person or each of the persons who are registered as owner of the vessel on the registration certificate granted:
by the Registrar of Ships under section 19 of the Shipping Registration Act 1981; or
under a law of a State or Territory; or
by a foreign registrar of ships.
If the owner of a vessel does not operate the vessel, a reference in this Act to the owner of the vessel includes a reference to a person who is a party to an agreement with the owner under which the person, or the person and the owner, may determine the activities for which the vessel is used.
For the purposes of this Act, ecologically sustainable use of the Great Barrier Reef Region or its natural resources is use of the Region or resources:
that is consistent with:
protecting and conserving the environment, biodiversity and heritage values of the Great Barrier Reef Region; and
ecosystem‑based management; and
that is within the capacity of the Region and its natural resources to sustain natural processes while maintaining the life‑support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.
For the purposes of this Act, the following principles are principles of ecologically sustainable use:
decision‑making processes should effectively integrate both long‑term and short‑term environmental, economic, social and equitable considerations;
the precautionary principle;
the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making;
improved valuation, pricing and incentive mechanisms should be promoted.
In the interpretation of a zoning plan, this section has effect in addition to section 3.
If:
a provision of a zoning plan (in this subsection called the first provision) has the effect that a particular activity in a particular area requires permission; and
another provision of the zoning plan (in this subsection called the second provision) would, apart from this subsection, have the effect that the same activity in the same area does not require permission;
the first provision prevails over the second provision.
In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of a tourist program is a reference to an activity (whether consisting of a single act or a series of acts) that:
is in the course of carrying on business; and
is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists.
In a zoning plan, a reference to the provision of a tourist facility is a reference to the provision, in the course of carrying on business, of a facility for tourists or for persons who include tourists.
In a zoning plan, a reference to the construction or provision of a facility for a tourist program is a reference to the construction or provision, in the course of carrying on business, of a facility for an activity (whether consisting of a single act or a series of acts) that is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists.
In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of an educational program is a reference to the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.
In a zoning plan, a reference to the provision of an educational facility is a reference to the provision of a facility for a group of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.
In a zoning plan, a reference to the construction or provision of a facility for an educational program is a reference to the construction or provision of a facility for the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.
In this section, and in a zoning plan:
facility includes a building, a structure, a vessel, goods, equipment or services.
tourist means a person who is in the Marine Park principally for the purpose of recreation (which may include fishing or collecting).
For the purposes of subsection 38BA(5) and regulations made for the purposes of that subsection, this section is not to be regarded as amending a zoning plan.
Where it is necessary for the purposes of this Act to determine the position on the surface of the Earth of a point, line or area that is specified by reference to one or more geographic co‑ordinates, then that position must be determined, unless the contrary intention appears, by reference to the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966.
In this section:
geographic co‑ordinate includes:
a meridian of longitude by itself; and
a parallel of latitude by itself.
this Act includes the following:
the regulations;
a Proclamation made under this Act;
a plan of management;
a zoning plan;
any other instrument made under this Act.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
However, Part 2.5 of the Criminal Code does not apply to an offence against this Act: see subsection 61ANA(8) of this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Extension to external Territories
This Act extends to every external Territory.
Limited extraterritorial application
This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention applies.
Application to everyone in Australia and exclusive economic zone
A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone of Australia (whether the place is in the zone or in Australia or an external Territory), or that is on or in the continental shelf of Australia, applies in relation to the following:
all persons (including persons who are not Australian citizens);
all vessels (including vessels that are not Australian vessels);
all aircraft (including aircraft that are not Australian aircraft);
all platforms.
A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.
Definition of Australian jurisdiction
In this Act:
Australian jurisdiction means:
the land, waters, seabed and airspace in, under or above:
Australia; or
an external Territory; or
the exclusive economic zone of Australia; or
the continental shelf of Australia.
A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.
There is established by this Act an Authority by the name of the Great Barrier Reef Marine Park Authority.
The Authority does not have a legal identity separate from the Commonwealth.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the Authority is a listed entity; and
the CEO is the accountable authority of the Authority; and
the following persons are officials of the Authority:
the Chairperson;
the CEO;
the other members;
the staff of the Authority referred to in subsection 40(1);
persons engaged under section 41; and
the purposes of the Authority include the functions of the Authority referred to in section 7.
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