Marine Parks (Declaration) Regulation 2006

This regulation may be cited as the Marine Parks (Declaration) Regulation 2006.

This regulation commences on 31 August 2006.

The dictionary in schedule 4 defines particular words used in this regulation.

The latitudes and longitudes used to describe an area mentioned in this regulation are worked out using—

for an area mentioned in schedule 1—AGD84; or

for an area mentioned in schedule 2—GDA94; or

for an area mentioned in schedule 3—GDA2020.

In this section—

AGD84 means the Australian Geodetic Datum 1984, commonly called ‘AGD84’, defined in the technical report by Allman, JS and Veebstra, C titled ‘Geodetic Model of Australia 1982’, Technical Report 33, published in 1984 by the Commonwealth Department of Resources and Energy, Division of National Mapping.

GDA94 means the Geocentric Datum of Australia 1994 under the repealed Recognized-value standard of measurement of position 2012 (No. 1) (Cwlth) as in force immediately before its repeal by the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth).

GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.

A reference in this regulation to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high water, L.A.T., or low water adjacent to the mainland, the island or the natural feature.

Examples of natural features—

bay, cliff, creek, inlet, river, rock

A reference to the bank of a creek, inlet or river is a reference to the line that—

runs along the outer limit of the defined channel of the creek, inlet or river; and

follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river—

for a reference to the bank at H.A.T.—at H.A.T.; or

for a reference to the bank at high water—at high water; or

for a reference to the bank at L.A.T.—at L.A.T.; or

for a reference to the bank at low water—at low water.

In this section—

the mainland includes a part of the mainland.

Note—

See also the Survey and Mapping Infrastructure Act 2003, section 60 (References to features forming part of an administrative area boundary) for other rules of interpretation for working out boundaries mentioned in this regulation.

This section applies if schedule 2 states that the boundary of an area described in the schedule runs along the relevant mangrove line.

The relevant mangrove line is the mangrove line for the mangrove forest that is between—

the point at which the boundary of the area starts to run along the mangrove line; and

the point at which the boundary of the area stops running along the mangrove line.

For subsection (2), the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest.

In schedule 2, a reference to a bracketed reef number after a description of a reef is included to provide additional information for identifying the reef.

In this section—

reef number means the word ‘reef’ followed by a sequence of numbers separated by a dash.

In schedule 3, a reference to a fish habitat area by name is a reference to the declared fish habitat area of that name, under the Fisheries Act 1994, as in effect on the commencement.

Note—

The declared fish habitat areas are mentioned in the Fisheries (General) Regulation 2019, schedule 3. See schedule 3 of that regulation as it was in force on the commencement.

The Moreton Bay Marine Park, set apart and declared under the repealed Act and continued in existence under the Act, is described in schedule 1.

Editor’s note—

For the continuation of marine parks set apart and declared under the repealed Act, see section 154 of the Act.

However, if there is any inconsistency between a boundary described in schedule 1 and the boundary of the Moreton Bay Marine Park as it was at the commencement of this section (the continued boundary), the boundary of the Moreton Bay Marine Park is taken to be the continued boundary to the extent of the inconsistency.

Note—

For the continued boundary of the Moreton Bay Marine Park, see the repealed regulation, schedule 4 (Areas declared to be marine parks), part 1 (Moreton Bay Marine Park).

The Great Barrier Reef Coast Marine Park, set apart and declared under the repealed Act and continued in existence under the Act, is described in schedule 2.

Editor’s note—

For the continuation of marine parks set apart and declared under the repealed Act, see section 154 of the Act.

However, if there is any inconsistency between a boundary described in schedule 2 and the boundary of the Great Barrier Reef Marine Park as it was at the commencement of this section (the continued boundary), the boundary of the Great Barrier Reef Marine Park is taken to be the continued boundary to the extent of the inconsistency.

Note—

For the continued boundary of the Great Barrier Reef Coast Marine Park, see the repealed regulation section 5E (Great Barrier Reef Coast Marine Park).

The area described in schedule 3—

is declared to be a marine park; and

has the name ‘Great Sandy Marine Park’.

Section 19, as in force before the commencement, is declared to be a law to which the Acts Interpretation Act 1954, section 20A applies.