Marine Parks (Great Sandy) Zoning Plan 2024

This zoning plan may be cited as the Marine Parks (Great Sandy) Zoning Plan 2024.

This zoning plan may also be cited as the Great Sandy Marine Park Zoning Plan.

This plan commences on 21 May 2024.

This plan applies to the Great Sandy Marine Park.

Note—

The application of this plan to native title holders under the Native Title Act 1993 (Cwlth) may be affected by section 211 of that Act.

The dictionary in schedule 6 defines particular words used in this plan.

Subject to subsection (1), and unless this plan provides otherwise, terms used in this plan have the meaning given under the Marine Parks Regulation 2017.

Anchor, a vessel or an aircraft, includes—

secure the vessel or aircraft, in any way, to a thing, other than an approved mooring or lawful structure; and

ground the vessel or aircraft; and

use an anchor and anchor chain or rope in a way that, if attached to the vessel or aircraft, will limit the movement of the vessel or aircraft.

In this section—

approved mooring means—

a mooring installed by the State or with a permission; or

a buoy mooring established under the Transport Operations (Marine Safety) Act 1994.

lawful structure means a structure, other than a mooring, built in compliance with the requirements, under any Act, relating to the structure.

This section applies if—

a person is authorised under this plan to enter or use a zone to anchor a vessel or an aircraft at a place in the zone for a period; and

the person anchors the vessel or aircraft at the place.

The person is taken to continue to anchor the vessel or aircraft at the place until the vessel or aircraft is moved and anchored at least 1 nautical mile from the place.

In this plan, position is defined by reference to GDA2020.

In this section—

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 to a particular zone by name is a reference to the zone of that name established under section 12(1) and each area described in schedule 1, any of parts 1 to 4, for the zone.

A reference to a particular designated area by name is a reference to the designated area of that name established under section 25(1) and each area described in schedule 2, any of parts 1 to 11, for the designated area.

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.

This section applies if an authorisation or restriction applying to a person under this part is inconsistent with an authorisation or restriction applying to the person under part 4 or 6.

The authorisation or restriction under part 4 or 6 prevails to the extent of the inconsistency.

Each of the following zones is established for the marine park—

the general use zone;

the habitat protection zone;

the conservation park zone;

the marine national park zone.

The zones are listed in subsection (1) in ascending order of the level of protection given to them under this plan.

The parts of the marine park comprising each zone are described in schedule 1.

If 2 or more zones overlap, the area of the overlap is taken to be in the zone with the highest level of protection under this plan.

Notes—

1 To help users of this plan, an indicative map showing all of the zones is available for inspection on the department’s website.

2 The indicative map is not applied, adopted or incorporated by this plan.