Commonwealth Coat of Arms of Australia

 

Great Barrier Reef Marine Park Amendment (Coronavirus Economic Response Package) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 11 June 2020

David Hurley

GovernorGeneral

By His Excellency’s Command

Sussan Ley

Minister for the Environment

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Great Barrier Reef Marine Park Regulations 2019

1  Name

  This instrument is the Great Barrier Reef Marine Park Amendment (Coronavirus Economic Response Package) Regulations 2020.

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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 July 2020.

1 July 2020

Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1Amendments

 

Great Barrier Reef Marine Park Regulations 2019

1  At the end of Subdivision A of Division 2 of Part 12

Add:

204A  Coronavirus economic response—applications made during waiver period

 (1) No fee is payable under section 202 for a feebearing application (a waiver period application) that:

 (a) is made during the period (the waiver period):

 (i) beginning on 1 July 2020; and

 (ii) ending on 30 June 2021; or

 (b) is an EPBC referral deemed application that is taken to be made under section 37AB of the Act as a result of a referral mentioned in that section that occurs during the waiver period.

 (2) Section 203 does not apply to a waiver period application.

 (3) Subsections (1) and (2) continue to apply in relation to a waiver period application after the end of the waiver period even if a new fee, or a different fee, would otherwise become payable under section 202 in relation to the application after the end of the period.

 (4) The fee mentioned in item 8 of the table in subsection 205(1) is not payable in relation to a waiver period application even if the request mentioned in that item is made after the end of the waiver period.

204B  Coronavirus economic response—increased fees resulting from a change in approach

 (1) This section applies to a feebearing application if:

 (a) the application was made before 1 July 2020; and

 (b) the Authority makes a decision under subsection 91(2) in relation to the application; and

 (c) either:

 (i) the decision is made during the period (the waiver period) beginning on 1 July 2020 and ending on 30 June 2021; or

 (ii) the decision results from a request to the Authority to vary the application, and the request is made during the waiver period; and

 (d) the fee payable under section 202 in relation to the application would, but for the effect of this section, increase as a result of the decision.

 (2) The increase referred to in paragraph (1)(d) is not payable in relation to the application.

 (3) To avoid doubt, subsections 203(6) and (7) do not apply in relation to the decision.

2  At the end of Subdivision B of Division 2 of Part 12

Add:

205A  Coronavirus economic response

 (1) No fee is payable under section 205 for an application or request that is made during the period (the waiver period):

 (a) beginning on 1 July 2020; and

 (b) ending on 30 June 2021.

 (2) Subsections 205(2) and (3) do not apply to an application or request to which subsection (1) of this section applies.

3  At the end of Subdivision C of Division 2 of Part 12

Add:

207A  Coronavirus economic response

 (1) No fee is payable under section 206 for an application that is made during the period (the waiver period):

 (a) beginning on 1 July 2020; and

 (b) ending on 30 June 2021.

 (2) No fee is payable under section 207 for a reinstatement of a permission if the Authority becomes satisfied of the matter or matters in paragraph 131(3)(a) in relation to the permission during the waiver period.