Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 27 July 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Josh Frydenberg

Minister for the Environment and Energy

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Great Barrier Reef Marine Park Regulations 1983

1  Name

  This instrument is the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Great Barrier Reef Marine Park Act 1975.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Great Barrier Reef Marine Park Regulations 1983

1  Subregulation 3(1)

Insert:

no‑anchoring area means an area described in Schedule 1B.

2  Subregulation 3(1) (definition of personal watercraft)

Repeal the definition, substitute:

personal watercraft has the same meaning as in the Transport Operations (Marine Safety) Act 1994 (Qld) as in force on the commencement of the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017.

3  Subregulation 3(1)

Insert:

private mooring means a mooring other than a public mooring.

4  Subregulation 3(1) (definition of special tourism permission)

Repeal the definition, substitute:

special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, where:

 (a) the Regulations or a plan of management has imposed a limit on the number of such permissions that may be granted; or

 (b) a plan of management declares such permissions to be special tourism permissions for the purposes of the Regulations.

5  Subregulation 3(1)

Insert:

superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure.

Note: It does not matter whether the use of the vessel for sport or pleasure is private or commercial.

superyacht anchorage means an area described in Schedule 1A.

transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling:

 (a) through the area, or from the origin to the destination, by the most direct and reasonable route; and

 (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.

For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.

6  Regulation 3A (heading)

Repeal the heading, substitute:

3A  References to laws of Queensland

7  Subregulation 3A(1)

Repeal the subregulation.

8  Regulation 31 (paragraph (i) of the definition of ship)

Omit “a super‑yacht (that is,”.

9  Regulation 31 (paragraph (i) of the definition of ship)

Omit “activities).”, substitute “activities.”.

10  Regulation 36 (paragraph (d) of the definition of vessel or aircraft charter operation)

Omit “through the Marine Park by the most direct and reasonable route to a place outside”.

11  Subregulation 66A(1) (definition of under way)

Repeal the definition.

12  Subregulation 66A(3)

Omit “transiting through the SMA to a place outside the SMA:”, substitute “transiting the SMA.”.

13  Paragraphs 66A(3)(a) and (b)

Repeal the paragraphs.

14  Subregulation 88G(1) (definition of special permission)

Omit “and (4)”, substitute “, (4) and (6)”.

15  Paragraph 88G(5)(f)

Omit “in a place”, substitute “of a kind”.

16  Paragraph 88G(5)(g)

Omit “in a place or”.

17  At the end of regulation 88G

Add:

 (6) A permission of a kind mentioned in subclause 1.27(3) or (4) of the Whitsundays Plan of Management 1998 is a special permission.

18  At the end of Division 2A.10 of Part 2A

Add:

88ZZA  No permission for reef walking in Whitsunday Planning Area

 (1) On and after the commencement of this regulation, a permission that purports to give permission for the activity of reef walking in the Whitsunday Planning Area does not have the effect of giving permission for the activity of reef walking in the Whitsunday Planning Area.

 (2) Subregulation (1) applies whether the permission was granted or issued before, on or after the commencement of this regulation.

 (3) Subregulation (1) does not affect a permission described in that subregulation so far as the permission deals with a matter other than the activity of reef walking in the Whitsunday Planning Area.

 (4) Subregulation (1) affects the permission set out in permit G14/36918.1 for Luxury Yachting Pty Ltd (ACN 051 993 992) to carry out the activity of reef walking at Langford Reef only on and after 1 June 2020.

Note: Subregulation (1) affects:

(a) the permission set out in that permit for reef walking in other places on and after the commencement of this regulation; and

(b) any permission arising from transfer or renewal of that permission (whether the transfer or renewal occurs before, on or after 1 June 2020).

Omitting references to reef walking from replacement permissions

 (5) If, before, on or after the commencement of this regulation, a person:

 (a) holds a permission (the old permission) described in subregulation (1); and

 (b) applies (before or after the expiry of the old permission):

 (i) to replace the old permission with a permission of the same kind; or

 (ii) for a further permission of the same kind in relation to the same conduct;

subregulation (1) does not prevent subregulation 88H(1), 88ZC(1) or 88ZD(3) from operating in relation to the old permission and the replacement permission or further permission, even if the replacement permission or further permission does not purport to give permission for the activity of reef walking in the Whitsunday Planning Area but is otherwise of the same kind as the old permission.

Note: Subregulations 88H(1), 88ZC(1) and 88ZD(3) operate if a replacement permission or further permission (applied for or granted) is of the same kind as an earlier permission.

Omitting references to reef walking from new permissions resulting from transfers

 (6) If, before, on or after the commencement of this regulation, a person:

 (a) holds a permission described in subregulation (1); and

 (b) applies to transfer the permission;

and the Authority approves the transfer on or after that commencement, subregulation 88ZK(3) does not require the new permission to purport to give permission for the activity of reef walking in the Whitsunday Planning Area or to include any conditions relating to that activity in that area.

Note: Subregulation 88ZK(3) generally requires the new permission to be of identical effect, and have identical conditions, to the permission held by the transferor.

19  Regulations 170, 172 and 173

Repeal the regulations.

20  Subregulations 174(1) and (2)

Omit “Plan”, substitute “Cairns Area Plan of Management 1998”.

21  Regulations 176 and 177

Repeal the regulations.

22  Subregulations 178(1) and (2)

Omit “Plan”, substitute “Whitsundays Plan of Management 1998”.

23  At the end of Part 11

Add:

179  Conditions of permissions cease to prohibit what is no longer prohibited by amendment of the Plan

 (1) This regulation applies if:

 (a) a permission was in force immediately before the commencement of an amendment of the Whitsundays Plan of Management 1998 by the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017; and

 (b) immediately before that commencement, the conditions of the permission were such that the holder of the permission could not, consistently with those conditions, engage in a particular activity that was prohibited by the enforcement provisions of the Whitsundays Plan of Management 1998; and

 (c) as a result of that commencement, the activity by the holder is no longer prohibited by an enforcement provision of the Whitsundays Plan of Management 1998.

 (2) On that commencement, the conditions cease to have effect so far as they would otherwise prevent the holder of the permission from engaging in that activity lawfully.

24  Regulations 180 and 181

Repeal the regulations.

25  Subregulations 182(1), (2) and (4)

Omit “Plan”, substitute “Hinchinbrook Plan of Management 2004”.

26  Division 3 of Part 3 of Schedule 1 (heading)

Repeal the heading, substitute:

Division 3—Whitsunday Planning Area

27  Division 3 of Part 3 of Schedule 1 (table item 24)

Repeal the item, substitute:

28  Division 3 of Part 3 of Schedule 1 (at the end of the table)

Add:

29  After Schedule 1

Insert:

Schedule 1A—Superyacht anchorages

Note: See the definition of superyacht anchorage in subregulation 3(1).

1  Blue Pearl Bay, Hayman Island superyacht anchorage

 (1) The Blue Pearl Bay, Hayman Island superyacht anchorage is the area within 250 metres of the point 20°02.538′S 148°52.476′E.

 (2) The capacity of the Blue Pearl Bay, Hayman Island superyacht anchorage is one superyacht.

2  Bona Bay, Gloucester Island superyacht anchorage

 (1) The Bona Bay, Gloucester Island superyacht anchorage is the area within 250 metres of the point 20°02.350′S 148°26.252′E.

 (2) The capacity of the Bona Bay, Gloucester Island superyacht anchorage is one superyacht.

3  Border Island East superyacht anchorage

 (1) The Border Island East superyacht anchorage is the area within 250 metres of the point 20°09.916′S 149°02.744′E.

 (2) The capacity of the Border Island East superyacht anchorage is one superyacht.

4  Burning Point, Shaw Island superyacht anchorage

 (1) The Burning Point, Shaw Island superyacht anchorage is the area within 250 metres of the point 20°30.033′S 149°02.845′E.

 (2) The capacity of the Burning Point, Shaw Island superyacht anchorage is one superyacht.

5  Cape Conway/Repulse Bay superyacht anchorage

 (1) The Cape Conway/Repulse Bay superyacht anchorage is the area within 250 metres of the point 20°31.858′S 148°52.728′E.

 (2) The capacity of the Cape Conway/Repulse Bay superyacht anchorage is one superyacht.

6  Cateran Bay, Border Island superyacht anchorage

 (1) The Cateran Bay, Border Island superyacht anchorage is the area within 250 metres of the point 20°08.918′S 149°01.806′E.

 (2) The capacity of the Cateran Bay, Border Island superyacht anchorage is one superyacht.

7  Chance Bay, Whitsunday Island superyacht anchorage

 (1) The Chance Bay, Whitsunday Island superyacht anchorage is the area within 250 metres of the point 20°18.832′S 149°02.349′E.

 (2) The capacity of the Chance Bay, Whitsunday Island superyacht anchorage is one superyacht.

8  Gap Beach, Lindeman Islands superyacht anchorage

 (1) The Gap Beach, Lindeman Islands superyacht anchorage is the area within 250 metres of the point 20°25.685′S 149°02.692′E.

 (2) The capacity of the Gap Beach, Lindeman Islands superyacht anchorage is one superyacht.

9  Grassy Island superyacht anchorage

 (1) The Grassy Island superyacht anchorage is the area within 250 metres of the point 20°08.526′S 148°35.807′E.

 (2) The capacity of the Grassy Island superyacht anchorage is one superyacht.

10  Henning and Whitsunday Islands passage superyacht anchorage

 (1) The Henning and Whitsunday Islands passage superyacht anchorage is the area within 250 metres of the point 20°18.515′S 148°55.754′E.

 (2) The capacity of the Henning and Whitsunday Islands passage superyacht anchorage is one superyacht.

11  Luncheon Bay, Hook Island superyacht anchorage

 (1) The Luncheon Bay, Hook Island superyacht anchorage is the area within 250 metres of the point 20°03.670′S 148°56.025′E.

 (2) The capacity of the Luncheon Bay, Hook Island superyacht anchorage is one superyacht.

12  Macona Inlet, Hook Island superyacht anchorage

 (1) The Macona Inlet, Hook Island superyacht anchorage is the area within 150 metres of the point 20°09.323′S 148°55.574′E.

 (2) The capacity of the Macona Inlet, Hook Island superyacht anchorage is one superyacht.

13  Neck Bay, Shaw Island superyacht anchorage

 (1) The Neck Bay, Shaw Island superyacht anchorage is the area within 150 metres of the point 20°27.501′S 149°04.529′E.

 (2) The capacity of the Neck Bay, Shaw Island superyacht anchorage is one superyacht.

14  Roberta Bay, Shaw Island superyacht anchorage

 (1) The Roberta Bay, Shaw Island superyacht anchorage is the area within 250 metres of the point 20°29.507′S 149°05.375′E.

 (2) The capacity of the Roberta Bay, Shaw Island superyacht anchorage is one superyacht.

15  Scrub Hen Beach, Whitsunday Island superyacht anchorage

 (1) The Scrub Hen Beach, Whitsunday Island superyacht anchorage is the area within 250 metres of the point 20°10.251′S 148°57.066′E.

 (2) The capacity of the Scrub Hen Beach, Whitsunday Islands superyacht anchorage is one superyacht.

16  Stonehaven Anchorage, Hook Island superyacht anchorage

 (1) The Stonehaven Anchorage, Hook Island superyacht anchorage is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

 (2) The capacity of the Stonehaven Anchorage, Hook Island superyacht anchorage is 2 superyachts.

17  Thomas Island superyacht anchorage

 (1) The Thomas Island superyacht anchorage is the area within 250 metres of the point 20°33.236′S 149°07.446′E.

 (2) The capacity of the Thomas Island superyacht anchorage is one superyacht.

18  Tongue Bay, Whitsunday Island superyacht anchorage

 (1) The Tongue Bay, Whitsunday Island superyacht anchorage is the area within 100 metres of the point 20°13.916′S 149°01.171′E.

 (2) The capacity of the Tongue Bay, Whitsunday Island superyacht anchorage is one superyacht.

19  Turtle Bay, Whitsunday Island superyacht anchorage

 (1) The Turtle Bay, Whitsunday Island superyacht anchorage is the area within 250 metres of the point 20°18.933′S 148°59.631′E.

 (2) The capacity of the Turtle Bay, Whitsunday Island superyacht anchorage is one superyacht.

20  Whitehaven Beach South, Whitsunday Island superyacht anchorage

 (1) The Whitehaven Beach South, Whitsunday Island superyacht anchorage is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

 (2) The capacity of the Whitehaven Beach South, Whitsunday Island superyacht anchorage is 2 superyachts.

21  Woodwark Bay superyacht anchorage

 (1) The Woodwark Bay superyacht anchorage is the area within 250 metres of the point 20°11.187′S 148°39.939′E.

 (2) The capacity of the Woodwark Bay superyacht anchorage is one superyacht.

Schedule 1B—No‑anchoring areas

Note: See the definition of no‑anchoring area in subregulation 3(1).

1  Bait Reef no‑anchoring area

  The Bait Reef no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

Note: The Bait Reef no‑anchoring area is an unmarked no‑anchoring area.

2  Black Island no‑anchoring area

  The Black Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

3  Blue Pearl Bay, Hayman Island no‑anchoring area

  The Blue Pearl Bay, Hayman Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

4  Butterfly Bay, Hook Island no‑anchoring area

  The Butterfly Bay, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

5  Cateran Bay, Border Island no‑anchoring area

  The Cateran Bay, Border Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

6  Dumbell Island no‑anchoring area

  The Dumbell Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

7  False Nara, Hook Island no‑anchoring area

  The False Nara, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

8  Langford Island no‑anchoring area

  The Langford Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

9  Luncheon Bay, Hook Island no‑anchoring area

  The Luncheon Bay, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

10  Manta Ray Bay, Hook Island no‑anchoring area

  The Manta Ray Bay, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

Note: The Manta Ray Bay, Hook Island no‑anchoring area is an unmarked no‑anchoring area.

11  Maureen’s Cove, Hook Island no‑anchoring area

  The Maureen’s Cove, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

12  North Stonehaven Bay, Hook Island no‑anchoring area

  The North Stonehaven Bay, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

13  Pinnacle Bay, Hook Island no‑anchoring area

  The Pinnacle Bay, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

14  South Stonehaven Bay, Hook Island no‑anchoring area

  The South Stonehaven Bay, Hook Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.

15  Sunlovers Bay, Daydream Island no‑anchoring area

  The Sunlovers Bay, Daydream Island no‑anchoring area is the area bounded by the line starting at the point described in item 1 of the following table and running progressively as described in the table.