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Marine Parks Act 2004 – 25 May 2016

Marine Parks (Declaration) Regulation 2006 – 1 September 2016

Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 – 1 July 2016

Marine Parks (Great Sandy) Zoning Plan 2006 – 1 September 2016

Marine Parks (Moreton Bay) Zoning Plan 2008 – 1 September 2016

Marine Parks Regulation 2006 – 1 July 2016

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A regulation may declare an area, whether or not it includes all or part of an existing marine park, to be a marine park. The regulation so made must: (a) define the boundaries of the park’s declared area by a map or an appropriate description; and (b) give a name to the park. The Governor in Council may approve a zoning plan for a marine park pursuant to section 21 of the Act. The final zoning plan is subordinate legislation. A zoning plan (with special rules and restrictions) has been created for Moreton Bay, the Great Sandy Marine Park and the Great Barrier Reef – see the Marine Parks (Moreton Bay) Zoning Plan 2008, the Marine Parks (Great Sandy) Zoning Plan 2006 & the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004. The Governor in Council may, by gazette notice, approve a management plan for a marine park pursuant to section 29 of the Act. The government may, by gazette notice, approve or make a code of practice providing standard conditions for authorities authorising the entry to or use of a marine park.

  • Sections 8, 20, 21, 22, 23, 24, 28, 29, 30, 31, 32, 33, 39, 40, 141, 142, 143, 151; Regulations 4, 5, Schedule 1 of the Marine Parks Regulation 2006; Regulations 8, 9, 10, Schedules 1, 2, 3 of the Marine Parks (Declaration) Regulation 2006; Regulation 3 of the Marine Parks (Moreton Bay) Zoning Plan 2008; Regulation 3 of the Marine Parks (Great Sandy) Zoning Plan 2006; Regulation 2 of the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004

A person must not wilfully enter or use a marine park for a prohibited purpose. Pursuant to subsection 43(3), ‘prohibited purpose’ means a purpose prescribed under a regulation or zoning plan as a prohibited purpose for this section.

  • Sections 43, 138; Regulations 107, 108, 109 of the Marine Parks Regulation 2006

If this Act requires a person to obtain an authority to enter or use a marine park for a particular purpose, a person must not wilfully enter or use the park for the purpose without the authority.

  • Sections 44, 137, 151A, 151B; Regulations 110, 111, 114, 115, 117, 121 of the Marine Parks Regulation 2006

A person must not wilfully do an act or make an omission that directly or indirectly causes or is likely to cause serious environmental harm to a marine park.

  • Section 50

If an inspector reasonably believes property in a marine park is abandoned, stranded, sunk or wrecked and needs to be removed, but not urgently, to: (a) prevent or remedy any harm to, or loss or destruction of, the park’s environment or use and non-use values; or (b) secure the safety of a person or a person’s property in the park; or (c) minimise disturbance to persons in the park, then the inspector may seize and remove the property to a place decided by the inspector. Note: A similar rule is provided by section 103 in relation to the urgent circumstances requiring removal.

  • Sections 100, 101, 102, 103, 104, 105, 106, 107, 108, 109

A person may apply to the government for the grant of a permission for a marine park or a part of a marine park. The application must: (a) be in the approved form; and (b) be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2; and (c) comply with any other requirements for the application under a zoning plan applying to the marine park. Pursuant to regulation 17 of the Marine Parks Regulation 2006, only a suitable person can hold a permission. The government may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are less than 20 current authorities applying for the marine park – see regulation 18. The government may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are less than 3 current authorities applying for the marine park – see regulation 18. The government may grant a permission authorising the feeding of dolphins in a marine park or a part of a marine park only to a person who holds: (a) an original relevant permission for the marine park or part; or (b) a continued relevant permission for the marine park or part – see regulation 19. For details on how a permission may be transferred, refer to regulation 41. For the definitions of ‘commercial whale watching program, and ‘suitable person’, refer to Schedule 6 of the Marine Parks Regulation 2006.

  • Regulations 3, 8, 10, 11, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 36, 37, 38, 39, 41, 42, 44, 45, 46, Schedules 2, 5, 6 of the Marine Parks Regulation 2006

The government may enter into a commercial activity agreement with a person authorising the person to enter and use a marine park or a part of a marine park for conducting a commercial activity in the marine park or part. A commercial activity agreement must be consistent with: (a) the Act; and (b) each zoning plan and management plan applying to the marine park to which it applies; and (c) the use and non-use values of the marine park to which it applies. The government may enter into a commercial activity agreement with a person only if satisfied the person is a suitable person to be a party to the agreement. For the content of a commercial activity agreement, refer to regulation 55 of the Marine Parks Regulation 2006. A commercial activity agreement must not be for a term longer than 10 years from the day the agreement starts. For details on how to transfer a commercial activity agreement, refer to section 79 of the Act. For the definition of ‘suitable person’, refer to Schedule 6 of the Marine Parks Regulation 2006.

  • Regulations 3, 51, 52, 53, 54, 55, 56, 72, 73, 79, 80, 81, 102, 103, 110, 129, 130, 131, Schedules 5, 6 of the Marine Parks Regulation 2006

The government may, by gazette notice, accredit an educational institution or a research institution: (a) to carry out in a marine park, or a part of a marine park: (i) limited impact research (extractive); or (ii) limited impact research (non-extractive); or (b) to conduct a limited educational program in a marine park or a part of a marine park. The government may accredit an educational institution or research institution for a marine park, or a part of a marine park, only if satisfied the institution: (a) has adopted appropriate environmental practices and standards, including, for example, providing instructions for, and training, its personnel for the activities the institution intends to carry out in the marine park or part; and (b) has an ongoing commitment to improve the environmental practices and standards.

  • Regulations 91, 91A, 91B of the Marine Parks Regulation 2006

The government may, by gazette notice, accredit a harvest fishery for a marine park, or a part of a marine park. The government may accredit a harvest fishery for a marine park, or a part of a marine park, only if satisfied the accreditation of the fishery is desirable in the interests of managing the marine park or part, having regard to: (a) the management arrangements for the fishery under the Fisheries Act 1994; and (b) any other relevant matters. For the definition of ‘harvest fishery’, refer to Schedule 6 of the Marine Parks Regulation 2006.

  • Regulations 3, 93, 93A, 93B, Schedule 6n of the Marine Parks Regulation 2006

The government may declare all or part of a marine park to be a restricted access area by gazette notice. The government may act take such action: (a) only for a reason mentioned in section 99; and (b) only after the process mentioned in section 100 has been complied with. The restricted access area notice must: (a) identify the limits of the area to which the notice applies; and (b) state how access to the area is restricted or prohibited; and (c) state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.

  • Regulations 98, 99, 100, 101, 127, 128 of the Marine Parks Regulation 2006

A person must not light a fire in a marine park, or a part of a marine park, if lighting a fire, or a fire of that type, is prohibited in the marine park or part by: (a) a regulatory notice; or (b) a condition of an authority held by the person; or (c) a condition of a commercial activity agreement to which the person is a party. In addition, a person must not light, keep or use a fire on tidal land that is: (a) within the GBR Coast Marine Park; and (b) adjacent to the Capricornia Cays National Park or the Whitsunday Islands National Park.  Further, a person must not deposit any of the following in a marine park: (a) a lit match, pipe, cigar, cigarette or tobacco; (b) hot ashes; (c) a burning or smouldering substance; (d) a substance or device that ignites on impact or by spontaneous combustion.

  • Regulations 134, 135 136 of the Marine Parks Regulation 2006

A person must not bring a vehicle or vessel into a marine park, or a part of a marine park, if bringing the vehicle or vessel, or a vehicle or vessel of that type, into the marine park or part is prohibited under a regulatory notice.

  • Regulation 138 of the Marine Parks Regulation 2006

A person must not bring a domestic animal into a marine park, or a part of a marine park, if bringing the animal, or an animal of that class, into the marine park or part is prohibited under a regulatory notice.

  • Regulation 140 of the Marine Parks Regulation 2006

A person must not feed a native animal in a marine park if a regulatory notice prohibits the feeding of the animal.

  • Regulation 141 of the Marine Parks Regulation 2006

A person must not deposit litter in a marine park.

  • Regulation 142

A person must not use a generator, compressor or other similar engine or motor in a marine park, or a part of a marine park, if the use is prohibited in the marine park or part by a regulatory notice.

  • Regulation 143

A person must not use a radio, tape recorder or other sound or amplifier system in a way that may cause unreasonable disturbance to a person or animal in a marine park.

  • Regulation 144

A person must not, in a marine park, use either of the following for spearfishing: (a) an underwater breathing apparatus; (b) a power-head.

  • Regulation 145

A person in a marine park must not, unless the person has a reasonable excuse: (a) be disorderly or create a disturbance; or (b) do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the marine park.

  • Regulation 146
Reason for law

To provide for conservation of the marine environment. (Section 5)

Relevant links

Marine parks [Queensland Government]

Marine parks [Department of National Parks, Sport and Racing]

Great Barrier Reef Marine Park Authority

Ocean Science Council of Australia

Media article

Changes to Australia’s marine reserves leave our oceans unprotected

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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