Schedule 1 Amendments

(section 3)

[1] Foreword, fifth paragraph

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the Central Section Zoning Plan

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the Great Barrier Reef Marine Park Zoning Plan 2003

[2] Clause 1.4, note 1

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Note 1 The intertidal areas and most of the islands are managed by the Queensland Environmental Protection Agency.

[3] Subclause 1.5 (4), note 1

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Note 1 Regulations to control discharge of waste from vessels and to set out tertiary treatment standards for the direct discharge of waste have been implemented in the Marine Park. The Authority is working with Queensland agencies and stakeholders to manage diffuse, land-based sources of pollution.

[4] Paragraph 1.6 (2) (b)

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collecting.

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collecting;

[5] Subparagraph 1.6 (4) (a) (ii)

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collecting

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taking

[6] Paragraph 1.6 (4) (f)

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(f) the number of relevant permissions for harvest fishing and aquaculture in the Planning Area will be capped.

[7] Paragraph 1.7 (3) (a)

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(a) taking of dugongs and loggerhead turtles will not be allowed in the Planning Area except in accordance with section 5.3 of the Zoning Plan;

Note 1 This strategy is supported by the Giru Dala Aboriginal Council of Elders.

Note 2 For this Plan, taking, for an animal, plant or marine product, includes:

(a) removing, gathering, catching, capturing, killing, destroying, dredging for, raising, carrying away, bringing ashore, interfering with and obtaining (by any other means) the animal, plant or marine product; and

(b) attempting to do anything mentioned in paragraph (a).

[8] Clause 1.8, Table 1, note 1

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Note 1 The islands, rocks and beaches listed have been identified by the Queensland Environmental Protection Agency as significant bird sites, particularly for nesting or roosting which predominantly occurs during the restriction period.

[9] Paragraph 1.9 (1) (b), note

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Note Four of these sites are specifically referred to in the Register of the National Estate kept under the Australian Heritage Council Act 2003.

[10] Paragraph 1.9 (1) (d), note

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Note The Dent Island lighthouse and light station were built in 1879. The lighthouse and light station are significant as intact representatives of the building style of that time. The Authority maintains a management presence at Dent Island. This site is specifically referred to in the Commonwealth Heritage List kept under the Environment Protection and Biodiversity Conservation Act 1999.

[11] Subclause 1.10 (2)

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collecting and mariculture;

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harvest fishing and aquaculture;

[12] Paragraph 1.10 (3) (j)

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commercial collecting and mariculture

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harvest fishing and aquaculture

[13] Subparagraph 1.10 (3) (j) (i)

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mariculture

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aquaculture

[14] Subparagraph 1.10 (3) (j) (iii)

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(iii) harvest fishing has the potential to over-exploit the resource at a local level, particularly the inshore endemic species — although a wide variety of species are harvested, uncommon species are more valuable and are therefore targeted by fishers in the harvest fisheries;

[15] Subclause 1.10 (14), including the heading

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Restrictions on harvest fishing and aquaculture in the Planning Area

(14) Because the Authority considers that harvest fishing and aquaculture may conflict with the increased use of the Planning Area for tourism and recreation and could become unsustainable because of the cumulative impact of many uses of the Planning Area and the relatively limited extent of reef development, it will:

(a) cap the number of relevant permissions for harvest fishing and aquaculture in the Planning Area; and

(b) assess the impact of harvest fishing and aquaculture at individual sites upon application for continuation of a permit; and

(c) facilitate the relocation of existing harvest fisheries and aquaculture operations to suitable sites outside the Planning Area.

[16] Subclause 1.10 (15)

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General Use ‘A’ Zone

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General Use Zone

[17] Subclause 1.10 (23)

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[18] Subclause 1.10 (25)

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(25) Fishing or collecting as part of a tourist program will not be allowed in the Langford/Black Islands Area.

[19] Subclause 1.10 (26)

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(26) The number of relevant permissions for tourist programs that involve fishing or collecting in the Planning Area will be capped, except:

(a) in the General Use Zone; and

(b) in the Habitat Protection Zone.

[20] Subclause 1.10 (29B)

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(29B) A new permission mentioned in subclause (29A) may permit a regional tour operation to have all-year access to the Planning Area without a booking.

[21] Clause 1.10, table 4, item entitled ‘Cruise ship operation (ship only)’, column 2

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Limited to General Use ‘A’ Zone,

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Limited to the General Use Zone,

[22] Part 2, heading, note 2

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Note 2 The Act contains a number of offence provisions relating to zones, including the following:

(a) section 38A (Zones to be used only for permitted purposes);

(b) section 38B (Permission requirements to be observed — zoned area);

(d) section 38CA (Zones to be used only for permitted fishing);

(e) section 38CB (Permission requirements to be observed for fishing — zoned area);

(f) section 38CC (Contravening conditions of permit or authority in relation to fishing — zoned area);

(g) section 38M (Zones to be used only by permitted ships);

(h) section 38MA (Permission requirements to be observed for ships — zoned area);

(i) section 38MB (Contravening conditions of permit or authority in relation to ships — zoned area).

[23] Paragraph 2.3 (1) (c)

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clause 15

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Part 5

[24] Subclause 2.3 (1), note

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Note Part 5 of the Zoning Plan is about additional purposes for use and entry to zones such as saving life or dealing with an emergency.

[25] Paragraph 2.8 (2) (a)

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(a) in the General Use Zone; or

[26] Subclause 2.8 (2), note

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Note The General Use Zone and the Shipping Areas are set out in the Schedule to the Zoning Plan.

[27] Clause 2.9

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[28] Paragraph 2.12 (2) (b)

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collecting

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taking

[29] Subclause 2.12 (4), note

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Note Setting areas are set out in Schedule 2.

[30] Clause 2.13

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2.13 Fishing or collecting

A person must not fish or collect as part of a tourist program in the Langford/Black Islands Area.

Note The Langford/Black Islands Area is set out in Schedule 8.

[31] Subclause 2.20 (1), note

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Note Regulation 77 of the Regulations deals with the grant of relevant permissions.

[32] Clause 2.23, heading

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2.23 Limit on number of tourist programs that involve fishing or collecting in the Planning Area

[33] Subclause 2.23 (1)

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fishing

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fishing or collecting

[34] Subclause 2.23 (2)

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(2) However, subclause (1) does not apply to the grant of a relevant permission for the conduct of a tourist program that involves fishing or collecting in the areas of the Planning Area that are in the General Use Zone or the Habitat Protection Zone.

[35] Clause 2.24, heading

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2.24 Limit on permissions for aquaculture or harvest fishing in the Planning Area

[36] Clause 2.24

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mariculture or for collecting for commercial purposes

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aquaculture or harvest fishing

[37] Clauses 2.24 and 2.27, note

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Note Subregulation 77 (4) and regulation 105 of the Regulations provide for when a relevant permission ceases to be in force.

[38] Subclause 2.28 (2)

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(2) A permission mentioned in subclause (1) may permit a regional tour operation to have all-year access to the Planning Area without a booking.

[39] Schedule 1, heading

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Schedule 1. The Planning Area

(clause 1.2)

[40] Schedule 2, heading

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Schedule 2. Setting areas

(Table 2, clause 2.4, subclauses 2.8 (1), 2.12 (4) and clauses 2.14 and 2.15)

[41] Schedule 3, heading

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Schedule 3. Locations

(clause 1.4, subclause 1.10 (7), paragraphs 1.10 (13) (b) and 1.10 (19A) (e), Table 4, subclauses 2.7 (1) and 2.16 (2) and paragraph 2.17 (2) (b))

[42] Schedule 3, item named ‘Hook Reef (19-136)’

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Hook Reef (19-136)

[43] Schedule 4, heading

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Schedule 4. Whale Protection Area

(subclause 2.10 (1))

[44] Schedule 5, heading

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Schedule 5. No anchoring areas

(subclause 2.12 (3))

[45] Schedule 7, heading

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Schedule 7. Regular aircraft landing areas

(subclause 1.10 (7) and paragraph 2.7 (1) (b))

[46] Schedule 9, heading, note

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Note Terms used in this Plan and also in the Act have the same meaning in the Plan as in the Act: see the Legislative Instruments Act 2003, subsection 13 (1). Terms used in this Plan that are defined in the Act are noted below and a cross reference given to the Act. See, for example, the definition of aircraft below.

[47] Schedule 9, definition of aircraft, before definition of 1 nautical mile line

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[48] Schedule 9, definition of 500 metre line, note

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[49] Schedule 9, after definition of aircraft operation

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aquaculture operation has the same meaning as in the Zoning Plan.

Note ‘Aquaculture’ has a corresponding meaning to that of aquaculture operation — see section 18A of the Acts Interpretation Act 1901 and paragraph 13 (1) (a) of the Legislative Instruments Act 2003.

[50] Schedule 9, definition of authorisation

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Division 2 of Part 4

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Division 2.4 of Part 2

[51] Schedule 9, definition of bareboat

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Transport Operations (Marine Safety) Regulation 1995

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Transport Operations (Marine Safety) Regulation 2004

[52] Schedule 9, definition of coastal 500 metre line, note

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[53] Schedule 9, definition of collecting

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[54] Schedule 9, definition of cruise ship anchorage

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regulation 117A

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regulation 179

[55] Schedule 9, definition of fishing, including the note

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fishing or collecting has the same meaning as in the Zoning Plan.

[56] Schedule 9, definition of General Use ‘A’ Zone, including the note

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General Use Zone has the meaning it has in Division 2.2 of the Zoning Plan.

[57] Schedule 9, definition of General Use ‘B’ Zone, including the note

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[58] Schedule 9, after definition of group size setting limits

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Habitat Protection Zone has the meaning it has in Division 2.3 of the Zoning Plan.

harvest fishery has the same meaning as in the Zoning Plan.

[59] Schedule 9, definitions of Marine National Park ‘A’ Zone and Marine National Park ‘B’ Zone, including the notes

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[60] Schedule 9, definition of personal watercraft, including note 1

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personal watercraft has the same meaning as in the Transport Operations (Marine Safety) Regulation 2004 of Queensland, as in force from time to time.

Note 1 The Transport Operations (Marine Safety) Regulation 2004 of Queensland, when made, defined personal watercraft as a powered ship that:

(a) has a fully enclosed hull that does not take on water if capsized; and

(b) is designed to be operated by a person standing, crouching, or kneeling on it or sitting astride it.

[61] Schedule 9, definition of reef, note

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[62] Schedule 9, definition of reef edge, note

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[63] Schedule 9, definition of relevant permission, note

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Note See subregulation 3 (1).

[64] Schedule 9, definition of Shipping Area, note

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[65] Schedule 9, definition of taking, note

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[66] Schedule 9, definition of vessel

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vessel [see the Act, subsection 3 (1)]

[67] Schedule 9, definition of Zoning Plan

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Zoning Plan means the Great Barrier Reef Marine Park Zoning Plan 2003.